HomeMy WebLinkAboutRes - 2026.14 - Intention to Establish CFD 2026-1 Highland EastRESOLUTION NO. 2026.14
A RESOLUTION OF THE EAST VALLEY WATER DISTRICT DECLARING ITS
INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT NO. 2026-1
(HIGHLAND EAST) OF EAST VALLEY WATER DISTRICT, TO AUTHORIZE THE
LEVY OF A SPECIAL TAX TO PAY THE COST OF ACQUIRING OR CONSTRUCTING
CERTAIN PUBLIC FACILITIES, AND TO PAY FOR CERTAIN INCIDENTAL
EXPENSES AND TO PAY DEBT SERVICE ON BONDED INDEBTEDNESS
WHEREAS, the East Valley Water District (the "District"), a county water district that is
duly organized and existing under and by virtue of the laws of the State of California (the "State"),
has received a petition from TPG AG EHC III (LEN) CA 6, L.P ., a Delaware limited partnership
("Landbank"), the owner of the territory that is described in Exhibit A hereto (the "Property"), to
establish Community Facilities District No. 2026-1 (Highland East) of East Valley Water District
(the "Community Facilities District" or "CFD") to finance: (1) the purchase, construction,
expansion, improvement or rehabilitation of the public facilities described in Exhibit B hereto
(which exhibit is incorporated herein by this reference), including all furnishings, equipment and
supplies related thereto (collectively, the "Facilities"), which Facilities have a useful life of five
years or longer; and (2) the incidental expenses to be incurred in connection with financing the
Facilities, forming the Community Facilities District and administering the Community Facilities
District (the "Incidental Expenses"); and
WHEREAS, the Board of Directors of the District (the "Board"), acting as the legislative
body of the Community Facilities District, further intends to approve an estimate of the costs of
the Facilities and the Incidental Expenses for the Community Facilities District; and
WHEREAS, it is the intention of the Board to consider financing the Facilities and the
Incidental Expenses through the formation of the Community Facilities District and the sale of
bonds in an amount not to exceed $6,000,000 for the Community Facilities District (the
"Obligations"), and the levy of a special tax in the Community Facilities District to pay directly
for the Facilities and to pay debt service on the Obligations, provided that the bond sale and special
tax levy are approved at an election to be held for the Community Facilities District.
NOW, THEREFORE, BE IT RESOLVED AND ORDERED:
SECTION 1. Findin gs. The Board hereby specifically finds and declares that each of the
statements, findings and determinations of the District set forth in the above recitals and in the
preambles of the documents approved herein are true and correct.
SECTION 2. Intention. The Board declares its intention to conduct proceedings pursuant
to the Mello-Roos Community Facilities Act of 1982 (California Government Code Section 53311
et seq., the "Act") for the establishment of the Community Facilities District with boundaries
coterminous with the Property. It is further proposed that the boundaries of the Community
Facilities District shall be the boundaries as set forth in Exhibit A hereto, which boundaries shall,
upon recordation of the boundary map for the Community Facilities District, include the entirety
of any parcel subject to taxation by the Community Facilities District, except where indicated on
the boundary map, and as depicted on the boundary map of the Community Facilities District
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Resolution 2026.14
Page 1 of8
which is on file with the Secretary of the District. The Secretary of the District is hereby directed
to sign the original boundary map of the Community Facilities District and record it with all proper
endorsements thereon with the County Recorder of the County of San Bernardino within fifteen
(15) days after the adoption of this resolution, all as required by Section 3111 of the Streets and
Highways Code of the State of California.
SECTION 3. Name of the Community Facilities District. The name of the proposed
Community Facilities District is "Community Facilities District No. 2026-1 (Highland East) of
East Valley Water District."
SECTION 4. Typ es of Facilities to be Financed b y the Community Facilities District.
The Facilities that are proposed to be provided within the Community Facilities District are public
facilities as defined in the Act. The Board hereby finds and determines that the description of the
Facilities and Incidental Expenses herein is sufficiently informative to allow taxpayers within the
Community Facilities District to understand what the funds of the Community Facilities District
may be used to finance, the Facilities to be constructed or acquired and the Incidental Expenses
expected to be incurred, including the cost of planning and designing the Facilities, the costs of
forming the Community Facilities District, issuing bonds, levying and collecting a special tax
within the Community Facilities District and the annual administration costs of the Community
Facilities District. The Board hereby finds that the proposed Facilities are necessary to meet
increased demands placed upon the District as a result of development occurring in the Community
Facilities District. The Facilities may be acquired from one or more property owners as completed
public facilities or may be constructed by or on behalf of the District and paid for with bond
proceeds and the proceeds of special taxes collected by the Community Facilities District.
SECTION 5. S pecial Taxes. Except where funds are otherwise available, it is the
intention of the Board to levy annually in accordance with the procedures contained in the Act a
special tax within the Community Facilities District secured by recordation of a continuing lien
against all non-exempt real property in the Community Facilities District in an amount that is
sufficient to pay for the Facilities and Incidental Expenses and the principal and interest and other
periodic costs on bonds or other indebtedness issued to finance the Facilities and Incidental
Expenses, including the establishment and replenishment of any reserve funds deemed necessary
by the District, and any remarketing, credit enhancement and liquidity facility fees (including such
fees for instruments which serve as the basis of a reserve fund in lieu of cash) attributable to the
Community Facilities District. The rate and method of apportionment of special taxes (the "Rate
and Method") and manner of collection of the special tax for the Community Facilities District is
described in detail in Exhibit C hereto, which attachment is incorporated herein by this reference.
Exhibit C allows each landowner within the Community Facilities District to estimate the
maximum amount that may be levied against each parcel.
If special taxes of the Community Facilities District are levied against any parcel used for
private residential purposes: (i) the maximum special tax rate shall not be increased except to the
extent permitted in the Rate and Method; (ii) such special tax shall not be levied later than the
fiscal year specified in the Rate and Method; and (iii) under no circumstances shall such special
tax in the Community Facilities District be increased as a consequence of delinquency or default
by the owner of any other parcel or parcels within the Community Facilities District by more than
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Resolution 2026.14
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ten percent (10%) above the amount that would have been levied in that fiscal year had there never
been any such delinquencies or defaults.
The Board hereby determines the Rate and Method for the Community Facilities District
set forth in Exhibit C to be reasonable. The special tax is apportioned to each parcel on the
foregoing basis pursuant to Section 53325.3 of the Act; and such special tax is not on or based
upon the value or ownership of real property. In the event that a portion of the property within the
Community Facilities District shall become for any reason exempt, wholly or partially, from the
levy of the special tax specified in the Rate and Method, the Board shall, on behalf of the
Community Facilities District, cause the levy to be increased, subject to the limitation of the
maximum special tax for a parcel as set forth in the Rate and Method, to the extent necessary upon
the remaining property within the Community Facilities District which is not exempt in order to
yield the special tax revenues required for the purposes described in this Section. The obligation
to pay special taxes may be prepaid as provided in the Rate and Method set forth in Exhibit C, as
such Rate and Method may be amended hereafter.
SECTION 6. Public Hearing. A combined public hearing (the "Hearing") on the
establishment of the Community Facilities District, the proposed Rate and Method for the
Community Facilities District and the proposed issuance of bonds for the Community Facilities
District to finance the Facilities and the Incidental Expenses shall be held at 5:00 p.m., or as soon
thereafter as practicable, on December 9, 2026, at the District, 31111 Greenspot Road, Highland,
California 92346. If the Board determines to form the Community Facilities District, a special
election will be held to authorize the issuance of the bonds for the Community Facilities District
and the levy of the special tax in accordance with the procedures contained in Government Code
Section 53326. If such election is held, the proposed voting procedure at the election will be a
landowner vote with each landowner who is the owner of record of land within the Community
Facilities District at the close of the Hearing, or the authorized representative thereof, having one
vote for each acre or portion thereof owned within the Community Facilities District. Ballots for
the special election may be distributed by mail or by personal service.
At the time and place set forth above for the Hearing, the Board will receive testimony as
to whether the Community Facilities District shall be established and whether special taxes shall
be levied in accordance with the proposed Rate and Method, and whether Obligations for the
Community Facilities District shall be issued to finance Facilities and Incidental Expenses of the
Community Facilities District.
At the time and place set forth above for the Hearing, any interested person, including all
persons owning lands or registered to vote within the Community Facilities District, may appear
and be heard.
SECTION 7. Notice. The Secretary of the District is hereby authorized and directed to
publish a notice (the "Notice") of the Hearing pursuant to Section 6061 of the Government Code
in a newspaper of general circulation published in the area of the Community Facilities District.
The Secretary of the District is further authorized and directed to mail a copy of the Notice to each
of the landowners within the boundaries of the Community Facilities District at least 15 days prior
to the Hearing. The Notice shall contain the text or a summary of this resolution, the time and
place of the Hearing, a statement that the testimony of all interested persons or taxpayers will be
4935-4985-5917v7 /022497-0020 East Valley Water District
Resolution 2026.14
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heard, a description of the protest rights of the registered voters and landowners in the Community
Facilities District and a description of the proposed voting procedure for the elections required by
the Act. Such publication shall be completed at least seven (7) days prior to the date of the Hearing.
SECTION 8. Re ports re Facilities. Each District officer who is or will be responsible for
providing the Facilities, if the Community Facilities District is established, is hereby directed to
study the Community Facilities District and, at or before the time of the Hearing, file a report with
the Board containing a brief description of the public facilities by type which will in his or her
opinion be required to meet adequately the needs of the Community Facilities District and an
estimate of the cost of providing those public facilities.
SECTION 9. Advance of Funds. The District may accept advances of funds or
work-in-kind from any source, including, but not limited to, private persons or private entities, for
any authorized purpose, including, but not limited to, paying any cost incurred by the District in
creating the Community Facilities District. The District may enter into an agreement with the
person or entity advancing the funds or work-in-kind, to repay all or a portion of the funds
advanced, or to reimburse the person or entity for the value, or cost, whichever is less, of the work
in-kind, as determined by the District, with or without interest.
SECTION 10. Maximum Bonded Indebtedness. The reasonably expected
maximum principal amount of the Obligations is $6,000,000 for the Community Facilities District.
SECTION 11. Appointment of Financin g Team. Koppel & Gruber Public Finance
is hereby appointed to act as special tax consultant with respect to the formation of the Community
Facilities District therein, the issuance of bonds thereby and the preparation of the Community
Facilities District report required by Section 53321.5 of the Act. Stradling Yocca Carlson & Rauth
LLP ("Bond Counsel") is hereby appointed to act as bond counsel and special counsel with respect
to the fonnation of the Community Facilities District and the bond issuances thereby.
SECTION 12. Reservation of Ri ghts. Except to the extent limited in any bond
resolution or trust indenture related to the issuance of bonds, the Board hereby reserves to itself all
rights and powers set forth in Section 53344.1 of the Act (relating to tenders in full or partial
payment).
SECTION 13. Other Actions. The President or Vice President of the Board or the
General Manager or Chief Financial Officer of the District or the designee thereof and any other
proper officers of the District, acting singly, are hereby authorized and directed to do any and all
things and to execute and deliver any and all documents and certificates which such officers may
deem necessary or advisable in order to effectuate the purposes of this resolution, and such actions
previously taken by such officers are hereby ratified and confirmed.
SECTION 14.
4935-4985-5917v7/022497-0020
Effect. This resolution shall take effect immediately.
East Valley Water District
Resolution 2026.14
Page 4 of8
Ayes: Directors: Carrillo, Coats, Goodrich, Morales, Smith
Noes: None
Abstain: None
Absent: None
Board President
ATTEST:
Mic:k/~
Secretary, Board of Directors
October 28, 2026
I HEREBY CERTIFY that the foregoing is a full, true and correct copy of Resolution 2026.14
adopted by the Board of Directors of East Valley Water District at its Regular Meeting held
October 28, 2026.
Mc:2:::(/±'
Secretary, Board of Directors
4935-4985-5917v7 /022497-0020 East Valley Water District
Resolution 2026 .14
Page 5 of8
EXHIBIT A
PROPOSED BOUNDARY MAP OF
COMMUNITY FACILITIES DISTRICT NO. 2026-1 (HIGHLAND EAST)
OF EAST VALLEY WATER DISTRICT
4935-4985-59 l 7v7 /022497-0020 A-1
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PROPOSED BOUNDARIES OF
EAST VALLEY WATER DISTRICT
COMMUNITY FACILITIES DISTRICT NO. 2026-1
(HIGHLAND EAST)
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STATE OF CALIFORNIA
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SHEET 1 of 1
FILED IN THE OFFICE OF THE CLERK OF THE BOARD OF DIRECTORS OF THE
EAST VALLEY WATER DISTRICT THIS ____ DAY OF
-------2026.
CLERK OF THE BOARD OF DIRECTORS
EAST VALLEY WATER DISTRICT
I HEREBY CERTIFY THAT THE WITHIN MAF SHOWING THE PROPOSED
BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 2026·1 (HIGHLAND
EAST) OF THE EAST VALLEY WATER DISTRICT, SAN BERNARDINO COUNTY,
STATE OF CALIFORNIA, WAS APPROVED BY THE BOARD OF DIRECTORS OF
THE EAST VALLEY WATER DISTRICT AT A REGULAR MEETING THEREOF, HELO
ON THE __ DAY OF ----------~ 2026, BY ITS
RESOLUTION NO. _______ _
CLERK OF THE BOARD OF DIRECTORS
EAST VALLEY WATER DISTRICT
SAN BERNARDINO COUNTY RECORDER'S CERTIFICATE
THIS MAP HAS BEEN FILED UNDER THE DOCUMENT NUMBER ____ ,
THIS __ DAY OF _______ , 2026, AT ____ M, IN
BOOK __ OF ________ AT PAGE(S) __ , AT THE
REQUEST OF _____________ IN THE AMOUNT OF
$ _____ _
JOSIE GONZALES
ASSESSOR-RECORDER-CLERK
SAN BERNARDINO COUNTY
~~~=TY=R""EODRD==ER:------
THE LINES AND DIMENSIONS OF EACH LOT OR PARCEL SHOWN ON THIS
DIAGRAM SHALL BE THOSE LINES AND DIMENSIONS AS SHOWN ON THE SAN
BERNARDINO COUNTY ASSESSOR'S MAPS FOR THOSE PARCELS LISTED.
THE SAN BERNARDINO COUNTY ASSESSORS MAFS SHALL GOVERN FOR ALL
THE DETAILS CONCERNING THE LINES AND DIMENSIONS OF SUCH LOTS OF
PARCElS.
□
MAP REF. NO.I ASSESSOR'S PARCEL NO.
1210-371-14-0000
LEGEND
PROPOS ED BOUNDARY
1210-371-16-0000
KOPPEL & GRUBER
PUBLIC FINANCE
33-4 Vlo Vero Crvz
Suite256
Son ,',\Qrcos. Co~torrio 92078
Phone (760) S10-0290 Fox {1601 510-0288
DATE PREPARED: MAY 2026
EXHIBITB
DESCRIPTION OF PUBLIC FACILITIES AND INCIDENTAL EXPENSES
Facilities.
The proposed types of facilities and expense to be financed by the Community Facilities
District include:
The construction, purchase, modification, expansion, rehabilitation and/or improvement of
water and sewer facilities of the East Valley Water District as well as the acquisition of capacity
in the sewer system and/or water system of the East Valley Water District, and all appurtenances
and appurtenant work in connection with the foregoing water and sewer facilities, including,
without limitation, the cost of engineering, planning, designing, materials testing, coordination,
construction staking, construction management and supervision for such water and sewer facilities,
and any other expenses incidental to the construction, acquisition, modification, rehabilitation,
completion, inspection and financing of such facilities.
The Facilities listed herein are representative of the types of improvements authorized to
be financed by the Community Facilities District. Detailed scope and limits of specific projects
will be determined as appropriate, consistent with the standards of East Valley Water District.
Addition, deletion or modification of descriptions of the Facilities may be made consistent with
the requirements of the Board of Directors of East Valley Water District, the Community Facilities
District and the Act.
Incidental Expenses.
The Incidental Expenses to be paid from bond proceeds and/or special taxes include all
costs associated with the creation of the Community Facilities District, the issuance of the bonds,
the determination of the amount of special taxes to be levied, costs otherwise incurred in order to
carry out the authorized purposes of the Community Facilities District, including legal fees, fees
of consultants, engineering, planning, designing and the annual administration cost of the
Community Facilities District.
4935-4985-59 l 7v7 /022497-0020 B-1
EXHIBITC
RATE AND METHOD OF APPORTIONMENT FOR
COMMUNITY FACILITIES DISTRICT NO. 2026-1 (HIGHLAND EAST)
OF EAST VALLEY WATER DISTRICT
4935-4985-5917v7 /022497-0020 C-1
EAST VALLEY WATER DISTRICT
COMMUNITY FACILITIES DISTRICT NO. 2026-1
(HIGHLAND EAST)
RATE AND METHOD OF APPORTIONMENT OF
SPECIAL TAX
A Special Tax applicable to each Assessor's Parcel in the East Valley Water District
Community Facilities District No. 2026-1 (Highland East) shall be levied and collected
according to the tax liability determined by the Water District Board through the
application of the appropriate amount or rate for Taxable Property, as described below. All
of the property in the CFD, unless exempted by law or by the provisions of Section 8 below,
shall be taxed for the purposes, to the extent, and in the manner herein provided.
1. DEFINITIONS
"Accessory Dwelling Unit(s)" or "ADU(s)" means all Assessor's Parcels of
Residential Property for which a building permit(s) has been issued for an "Accessory
Dwelling Unit" as defined in California Government Code Section 66313(a), as may
be amended from time to time, that is accessory to a primary Residential Unit. The
ADU may be located on the same Assessor's Parcel as the primary Residential Unit or
on a separate Assessor's Parcel. AD Us shall be subject to the Special Tax as described
in Section 2 and Section 3.
"Acre" or "Acreage" means the land area of an Assessor's Parcel 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 recorded County parcel map. An Acre means 43,560 square feet of land.
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being
Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of
California.
"Administrative Expenses" means any or all of the following: the fees and expenses
of any fiscal agent or trustee (including any fees or expenses of its counsel) employed
in connection with any Bonds, and the expenses of the Water District in carrying out
its duties with respect to the CFD and the Bonds, including, but not limited to, the levy
and collection of Special Taxes, the fees and expenses of its counsel, charges levied by
the County in connection with the levy and collection of Special Taxes, costs related to
property owner inquiries regarding the Special Tax, costs associated with appeals or
requests for interpretation associated with the Special Tax and this RMA, amounts
needed to pay rebate to the federal government with respect to Bonds, costs associated
with complying with continuing disclosure requirements for the Water District and any
major property owners or other obligated parties, costs associated with foreclosure and
collection of delinquent Special Taxes, and all other costs and expenses of the Water
October 9, 2026 1 Community Facilities District No. 2026-1
(Highland East)
East Valley Water District
District and the County in any way related to the establishment or administration of the
CFD.
"Assessor" means the Assessor of the County.
"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 County Assessor designating
parcels by Assessor's Parcel number.
"Assigned Special Tax" means, for any Land Use Class, the applicable Special Tax
identified in Table 1 of Section 3.
"Backup Special Tax" means the Special Tax amount applicable to each Assessor's
Parcel of Developed Property, as determined in accordance with Section 3.C below.
"Bonds" means any obligation of CFD No. 2026-1 to pay or repay a sum of money,
including obligations in the form of bonds, certificates of participation, long-term
leases, loans from government agencies, or loans from banks, other financial
institutions, private businesses, or individuals, or long-term contracts, or any refunding
thereof, secured in whole or in part by the levy of Special Taxes.
"Building Permit" means a permit that allows for vertical construction of a building
or buildings, which shall not include a separate permit issued for construction of the
foundation thereof.
"Building Square Footage" means the square footage of usable area within the
perimeter of a residential structure, not including any carport, walkway, garage,
overhang, or similar area. The determination of Building Square Footage of a
Residential Unit shall be determined by reference to the Building Permit(s) for such
Residential Unit and/or other information as may demonstrate that the Building Square
Footage is specified incorrectly on the Building Permit(s).
"Calendar Year" means the period commencing January 1 of any year and ending the
following December 31.
"CFD Administrator" means an authorized representative of the Water District, or
designee thereof, to administer the Special Tax according to this RMA.
"CFD" or CFD No. 2026-1" means Community Facilities District No. 2026-1
(Highland East) of the Water District.
"City" means the City of Highland, California.
"County" means the County of San Bernardino, California.
October 9, 2026 2 Community Facilities District No. 2026-1
(Highland East)
East Valley Water District
"Debt Service" means for each Fiscal Year, the total amount of principal and interest
payable on any Outstanding Bonds during the Calendar Year commencing on January
1 of such Fiscal Year.
"Developed Property" means for each Fiscal Year, all Assessor's Parcels of Taxable
Property, exclusive of Assessor's Parcels of Provisional Undeveloped Property , for
which a Building Permit was issued prior to May 1 of the previous Fiscal Year.
"Exempt Property" means Assessor's Parcels designated as being exempt from
Special Taxes pursuant to Section 8.
"Final Map" means a recorded final map, or portion thereof, approved by the County
pursuant to the Subdivision Map Act (California Government Code Section 66410 et
seq .) that creates Lots. The term "Final Map" shall not include any large-lot subdivision
map, Assessor's Parcel Map, or subdivision map or portion thereof, which does not
create Lots, including Assessor's Parcels that are designated as remainder parcels.
"Final Map Property" means, in any Fiscal Year, all Lots created within Final Maps
recorded prior to January 1 of the preceding Fiscal Year and which are not classified
as Developed Property.
"Fiscal Year" means the period starting on July 1 and ending the following June 30.
"General Manager" means the General Manager of the Water District or his/her
designee .
"Indenture" means the indenture, fiscal agent agreement, resolution or other
instrument pursuant to which Bonds are issued, as modified, amended and/or
supplemented from time to time, and any instrument replacing or supplementing the
same.
"Land Use Class" means any of the classes listed in Table 1 under Section 3 below.
"Lot" means an individual residential lot, identified and numbered on a recorded Final
Map, for which a Building Permit has been or is permitted to be issued for construction
of a Residential Unit without further subdivision of the lot and for which no further
subdivision of the lot is anticipated pursuant to an approved Tentative Map.
"Maximum Special Tax" means the Maximum Special Tax, determined in
accordance with Section 3 below, which may be levied in any Fiscal Year on any
Assessor's Parcel of Taxable Property.
"Non-Residential Property" means all Assessor 's Parcels of Developed Property for
which a building permit(s) was issued for non-residential use.
October 9, 2026 3 Community Facilities District No. 2026-1
(Highland East)
East Valley Water District
"Outstanding Bonds" means all Bonds, which are deemed to be outstanding under
the Indenture.
"Partial Prepayment Amount" means a prepayment of a portion of the Special Tax
Obligation applicable to an Assessor's Parcel of Taxable Property as set forth in Section
6.B below.
"Proportionately" or "Proportionate" means for Developed Property, that the ratio
of the actual Special Tax levy to the Maximum Special Tax is equal for all Assessor's
Parcels of Developed Property . For Undeveloped Property, "Proportionately" means
that the ratio of the actual Special Tax levy per Acre to the Maximum Special Tax, as
applicable, per Acre is equal for all Assessor's Parcels of Undeveloped Property. The
term "Proportionately" may similarly be applied to other categories of Taxable
Property as described in Section 3 below.
"Provisional Undeveloped Property" means all Assessor's Parcels of property that
would otherwise be classified as Exempt Property pursuant to the provisions of Section
8, but cannot be classified as Exempt Property because to do so would reduce the
Acreage of all Taxable Property below the required minimum Acreage as set forth in
Section 8.
"RMA" means this Rate and Method of Apportionment of Special Tax.
"Residential Unit" means each separate residential dwelling unit that comprises an
independent facility available for sale to an end user or rental separate from adjacent
residential dwelling units whether attached or detached.
"Special Tax" means any special tax authorized to be levied within CFD No. 2026-1
pursuant to the Act and this RMA.
"Special Tax Category" means any of the categories listed in Table 1 under Section
3 below.
"Special Tax Obligation" means the total obligation of an Assessor's Parcel of
Taxable Property to pay the Special Tax for the remaining life of CFD No. 2026-1.
"Special Tax Requirement" means that amount required in any Fiscal Year to: (i) pay
Debt Service on all Outstanding Bonds; (ii) pay periodic costs on the Outstanding
Bonds, including but not limited to, credit enhancement and rebate payments on the
Outstanding Bonds; (iii) pay Administrative Expenses; (iv) pay any amounts required
to establish or replenish any reserve funds for all Outstanding Bonds that was not levied
in a prior Fiscal Year; (v) the costs associated with the release of funds from an escrow
account established in association with the Bonds; (vi) accumulate funds to pay directly
for acquisition or construction of facilities provided that the inclusion of such amount
does not cause an increase in the Special Tax to be levied on Final Map Property,
Undeveloped Property or Provisional Undeveloped Property, and (vii) pay for
October 9, 2026 4 Community Facilities District No. 2026-1
(Highland East)
East Valley Water District
reasonably anticipated delinquent Special Taxes based on the delinquency rate for
Special Taxes levied in the previous Fiscal Year; less (viii) a credit for funds available
to reduce the annual Special Tax levy, as determined by the CFD Administrator
pursuant to the Indenture.
"State" means the State of California.
"Taxable Property" means all of the Assessor's Parcels within the boundaries of CFD
No. 2026-1, which are not exempt from the levy of the Special Tax pursuant to law or
Section 8 below.
"Tentative Map" means a tentative map or substantial conformance exhibit for
property within CFD No. 2026-1, including any adjustments or amendments thereto.
"Trustee" means the trustee or fiscal agent under the Indenture.
"Undeveloped Property" means, for each Fiscal Year, all Taxable Property within the
boundaries of CFD No. 2026-1 not classified as Developed Property, Final Map
Property, or Provisional Undeveloped Property .
"Water District" means the East Valley Water District, California.
"Water District Board" means the Board of Directors of the East Valley Water
District, acting as the legislative body of CFD No. 2026-1, or its designee.
2. LAND USE CLASSIFICATION
Each Fiscal Year, beginning with Fiscal Year 2026/2027, each Assessor's Parcel within
the boundaries of CFD No. 2026-1 shall be classified as Taxable Property or Exempt
Property. In addition, all Taxable Property within CFD No. 2026-1 shall be classified
as Developed Property, Final Map Property, Undeveloped Property or Provisional
Undeveloped Property, and all such Taxable Property shall be subject to the levy of
Special Taxes in accordance with this RMA determined pursuant to Sections 3 and 4
below. Furthermore, each Assessor's Parcel of Developed Property which is a
Residential Unit shall be classified as a Land Use Class based on its Special Tax
Category.
In relation to Accessory Dwelling Units and for purposes of the calculation of the
Maximum Special Tax if both Residential Units are on the same Assessor's Parcel: (A)
for ADUs that are permitted prior to the first occupancy of the primary Residential
Unit, the Building Square Footage of the ADU shall be added to the Building Square
Footage of the primary Residential Unit for determining the Land Use Class and (B)
for an ADU that is permitted after first occupancy of the primary Residential Unit, the
ADU shall be subject to the then current Water District fees and not used to determine
or adjust the Land Use Class used in the application of this RMA or subject to the
Special Tax as a Residential Unit. If an Assessor's Parcel contains only an ADU then
October 9, 2026 5 Community Facilities District No. 2026-1
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East Valley Water District
the ADU will be considered Land Use Class 1 and be subject to the Assigned Special
Tax shown in Section 3 Table 1.
In the event a Building Permit is issued for a Lot prior to May 1 of the previous Fiscal
Year and an Assessor's Parcel Number has not yet been assigned to such Lot for the
current Fiscal Year, the applicable parent Assessor's Parcel may be classified as both
Developed Property and Undeveloped Property. In such an instance, the Special Taxes
levied on such Assessor's Parcel shall be the sum of the amount derived from the
following (i) applying the Assigned Special Tax applicable to each Lot for which a
Building Permit was issued prior to May 1 of the previous Fiscal Year and (ii) levying
the acreage allocable to such actual or planned Lots for which a Building Permit has
not been issued prior to May 1 of the previous Fiscal Year as Undeveloped Property;
the allocable acreage shall be computed on a pro-rata basis based on the relative number
of remaining Lots without a Building Permit to the total number of Lots entitled to be
developed on such parent Assessor's Parcel. The total number of Lots entitled to be
developed on the applicable Assessor's Parcel shall be determined from the recorded
subdivision map, condominium map, condominium plan, applicable site plan, plot
plan, or other appropriate records kept by the City as reasonably determined by the
CFD Administrator.
Once classified as Developed Property, an Assessor's Parcel may not be subsequently
re-classified as Undeveloped Property or changed to Exempt Property without the
Special Tax being paid off in full accordance with Section 6 below.
3. MAXIMUM SPECIAL TAX RATES
A. Developed Property
The Maximum Special Tax applicable to an Assessor's Parcel classified as
Developed Property in CFD No. 2026-1 for Fiscal Year 2026/2027 shall be
the greater of (i) the Assigned Special Tax determined pursuant to Table 1
below or (ii) the amount derived by application of the Backup Special Tax.
Table 1
Assigned Special Tax Rates
Fiscal Year 2026/2027
Land Use Class Special Tax Category Assigned Special Tax
1
2
3
4
October 9, 2026
ADU
Less than 1,600 Sq. Ft.
1,600 to 1,800 Sq. Ft.
Greater than 1,800 Sq. Ft.
6
$1,890 per Residential Unit
$2,466 per Residential Unit
$2,490 per Residential Unit
$2,516 per Residential Unit
Community Facilities District No. 2026-1
(Highland East)
East Valley Water District
Each July 1, commencing July 1, 2027, the Assigned Special Tax for
Developed Property shall be increased by two percent (2.0%) of the amount
in effect in the prior Fiscal Year.
B. Final Map Property
The Maximum Special Tax for Final Map Property is $2,491 per Lot for
Fiscal Year 2026/2027, which amount shall increase on July 1, 2027, and
each July 1 thereafter by an amount equal to 2.0% of the amount in effect
for the prior Fiscal Year.
C. Backup Special Tax and Undeveloped Property Maximum Special Tax
The Backup Special Tax applicable to an Assessor's Parcel classified as
Developed Property or the Maximum Special Tax applicable to an
Assessor's Parcel of Undeveloped Property for Fiscal Year 2026/2027 shall
be $44,910 per Acre or portion thereof for CFD No. 2026-1.
Each July 1, commencing July 1, 2027 , the Backup Special Tax for
Developed Property and the Maximum Special Tax for Undeveloped
Property shall be increased by two percent (2.0%) of the amount in effect
in the prior Fiscal Year.
D. Provisional Undeveloped Property
The Maximum Special Tax for Provisional Undeveloped Property for Fiscal
Year 2026/2027 shall be $44,910 per Acre or portion thereof for CFD No.
2026-1.
Each July 1, commencing July 1, 2027, the Maximum Special Tax for
Provisional Undeveloped Property shall be increased by two percent (2.0%)
of the amount in effect in the prior Fiscal Year.
4. METHOD OF APPORTIONMENT
A. Special Tax
For each Fiscal Year, commencing Fiscal Year 2026/2027 , the CFD
Administrator shall calculate the Special Tax on all Taxable Property in
accordance with the following steps:
October 9, 2026
Step 1: Prior to the issuance of bonds, the Special Tax shall be levied at
100% of the applicable Assigned Special Tax and after the issuance of
bonds the Special Tax shall be levied Proportionately on each Assessor 's
7 Community Facilities District No. 2026-1
(Highland East)
East Valley Water District
Parcel of Developed Property up to 100% of the applicable Assigned
Special Tax to satisfy the Special Tax Requirement;
Step 2: If additional monies are needed to satisfy the Special Tax
Requirement after the first step has been completed, the Special Tax shall
be levied Proportionately on each Assessor's Parcel of Final Map Property
up to 100% of the Maximum Special Tax for Final Map Property;
Step 3: If additional monies are needed to satisfy the Special Tax
Requirement after the first two steps have been completed, the Special Tax
shall be levied Proportionately on each Assessor's Parcel of Undeveloped
Property up to 100% of the Maximum Special Tax for Undeveloped
Property;
Step 4: If additional monies are needed to satisfy the Special Tax
Requirement after the first three steps have been completed, then the levy
of the Special Tax on each Assessor's Parcel of Developed Property whose
Maximum Special Tax is determined through the application of the Backup
Special Tax shall be increased Proportionately from the Assigned Special
Tax up to 100% of the Maximum Special Tax for each such Assessor's
Parcel; and
Step 5: If additional monies are needed to satisfy the Special Tax
Requirement after the first four steps have been completed, then the Special
Tax shall be levied Proportionately on each Assessor's Parcel of Provisional
Undeveloped Property at up to 100% of the Maximum Special Tax for
Provisional Undeveloped Property.
Notwithstanding the above, under no circumstances will the Special Tax levied
in any Fiscal Year against any Assessor's Parcel of Developed Property for
which an occupancy permit for private residential use has been issued be
increased as a consequence of delinquency or default by the owner of any other
Assessor's Parcel within CFD No. 2026-1 by more than ten percent (10%) of the
amount that would have been levied in the Fiscal Year in the absence of such
delinquency or default, except for those Assessor's Parcels of Developed
Property whose owners are also delinquent or in default on their Special Tax
payments for one or more other properties within CFD No. 2026-1.
5. COLLECTION OF SPECIAL TAXES
Collection of the Special Tax shall be by the County in the same manner as ordinary
ad valorem property taxes are collected and the Special Tax shall be subject to the same
penalties and the same lien priority in the case of delinquency as ad valorem taxes;
provided, however, that the Water District may provide for (i) other means of collecting
the Special Tax, including direct billings thereof to the property owners; and (ii)
October 9, 2026 8 Community Facilities District No. 2026-1
(Highland East)
East Valley Water District
judicial foreclosure of delinquent Special Taxes to meet the financial obligations of
CFD No. 2026-1.
6. PREPAYMENT OF SPECIAL TAX OBLIGATION
Property owners may prepay and permanently satisfy the Special Tax Obligation by a
cash settlement with the Water District as permitted under Government Code Section
53344. Prepayment is permitted only under the following conditions:
The following definitions apply to this Section 6:
"Construction Fund" means the fund (regardless of its name) established pursuant to
the Indenture to hold funds, which are currently available for expenditure to acquire or
construct the facilities or pay fees.
"Construction Inflation Index" means the annual percentage change in the
En gineerin g News-Record Building Cost Index for the City of Los Angeles, measured
as of the Calendar Year, which ends in the previous Fiscal Year. In the event this index
ceases to be published, the Construction Inflation Index shall be another index as
determined by the CFD Administrator that is reasonably comparable to the En gineerin g
News-Record Building Cost Index for the City of Los Angeles.
"Future Facilities Costs" means the Public Facilities Costs minus (i) costs previously
paid from the Construction Fund to acquire or construct the facilities, (ii) monies
currently on deposit in the Construction Fund, and (iii) monies currently on deposit in
an escrow or other earmarked fund that are expected to be available to finance Public
Facilities Costs, but in any event not less than $0.
"Outstanding Bonds" means all Previously Issued Bonds, which remain outstanding
as of the first interest and/or principal payment date following the current Fiscal Year
excluding Bonds to be redeemed at a later date with proceeds of prior prepayments of
Maximum Special Taxes.
"Previously Issued Bonds" means all CFD No. 2026-1 Bonds that have been issued
prior to the date of prepayment.
"Public Facilities Costs" means $3,290,000 in 2026 dollars, which shall increase by
the Construction Inflation Index (as defined above) on July 1, 2027, and on each July 1
thereafter, or such lower number as (i) shall be determined by the CFD Administrator
as sufficient to acquire or construct the facilities to be financed under the authorized
Mello-Roos financing program for CFD No. 2026-1, or (ii) shall be determined by the
Water District concurrently with a covenant that it will not issue any more CFD No.
2026-1 Bonds (except refunding bonds) to be supported by Special Taxes.
A. Prepayment in Full
The Special Tax Obligation applicable to an Assessor's Parcel may be prepaid and
October 9, 2026 9 Community Facilities District No. 2026-1
(Highland East)
East Valley Water District
the obligation of the Assessor's Parcel to pay any Special Tax permanently satisfied
as described herein, provided that a prepayment may be made with respect to a
particular Assessor's Parcel only if there are no delinquent Special Taxes with
respect to such Assessor's Parcel at the time of prepayment. An owner of an
Assessor's Parcel intending to prepay the Special Tax Obligation shall provide the
CFD Administrator with written notice of intent to prepay and the company or
agency that will be acting as the escrow agent, if any. The CFD Administrator shall
provide the owner with a statement of the Prepayment Amount (as defined below)
for such Assessor's Parcel within thirty (30) days of the request and may charge a
reasonable fee for providing this service. Prepayment must be made more than sixty
(60) days prior to any redemption date for the CFD No. 2026-1 Bonds to be
redeemed with the proceeds of such prepaid Special Taxes, unless a shorter period
is acceptable to the Trustee and the Water District.
The Prepayment Amount ( defined below) shall be calculated as summarized below
(capitalized terms as defined below):
Bond Redemption Amount
plus Redemption Premium
plus Future Facilities Prepayment Amount
plus Defeasance Amount
plus Prepayment Administrative Fees and Expenses
less Reserve Fund Credit
less Ca pitalized Interest Credit
Total: equals Prepayment Amount
As of the proposed date of prepayment, the Prepayment Amount (defined below)
shall be calculated as follows:
Paragraph No.:
1. Confirm that no Special Tax delinquencies apply to such Assessor's Parcel.
2. For an Assessor's Parcel of Developed Property, determine the Maximum
Special Tax. For an Assessor's Parcel of Final Map Property or
Undeveloped Property for which a Building Permit has been issued,
compute the Maximum Special Tax for that Assessor's Parcel as though it
was already designated as Developed Property, based upon the Building
Permit(s) which has already been issued for that Assessor's Parcel. For an
Assessor's Parcel of Undeveloped Property for which a Building Permit has
not been issued, compute the Maximum Special Tax for that Assessor's
Parcel.
3. Divide the Maximum Special Tax computed pursuant to paragraph 2 by the
total estimated Maximum Special Tax for CFD No. 2026-1 based on the
Developed Property Special Tax which could be levied in the current Fiscal
Year on all expected development through build-out of CFD No. 2026-1 as
October 9, 2026 Community Facilities District No. 2026-1
(Highland East)
East Valley Water District
determined by the CFD Administrator, excluding any Assessor's Parcels for
which the Special Tax Obligation has been prepaid.
4. Multiply the quotient computed pursuant to paragraph 3 by the Outstanding
Bonds to compute the amount of Outstanding Bonds to be retired and
prepaid (the "Bond Redemption Amount").
5. Multiply the Bond Redemption Amount computed pursuant to paragraph 4
by the applicable redemption premium (expressed as a percentage), if any,
on the Outstanding Bonds to be redeemed at the first available call date (the
"Redemption Premium").
6. Compute the current Future Facilities Costs.
7. Multiply the quotient computed pursuant to paragraph 3 by the amount
determined pursuant to paragraph 6 to compute the amount of Future
Facilities Costs to be prepaid (the "Future Facilities Prepayment Amount").
8. Compute the amount needed to pay interest on the Bond Redemption
Amount from the first bond interest and/or principal payment date following
the current Fiscal Year until the earliest redemption date for the Outstanding
Bonds.
9 . Compute the amount the CFD Administrator reasonably expects to derive
from the reinvestment of the Prepayment Amount less the Future Facilities
Amount and the Prepayment Administrative Fees and Expenses from the
date of prepayment until the redemption date for the Outstanding Bonds to
be redeemed with the prepayment.
10. Take the amount computed pursuant to paragraph 8 and subtract the amount
computed pursuant to paragraph 9 (the "Defeasance Amount").
11. Verify the administrative fees and expenses ofCFD No. 2026-1, including
the costs of computation of the prepayment, the costs to invest the
prepayment proceeds, the costs of redeeming Bonds, and the costs of
recording any notices to evidence the prepayment and the redemption (the
"Prepayment Administrative Fees and Expenses").
12. If reserve funds for the Outstanding Bonds, if any, are at or above one
hundred percent (100%) of the reserve requirement (as defined in the
Indenture) on the prepayment date, a reserve fund credit shall be calculated
as a reduction in the applicable reserve fund for the Outstanding Bonds to
be redeemed pursuant to the prepayment (the "Reserve Fund Credit"). No
Reserve Fund Credit shall be granted if reserve funds are below 100% of
the reserve requirement.
October 9, 2026 11 Community Facilities District No. 2026-1
(Highland East)
East Valley Water District
13 . If any capitalized interest for the Outstanding Bonds will not have been
expended at the time of the first interest and/or principal payment following
the current Fiscal Year, a capitalized interest credit shall be calculated by
multiplying the larger quotient computed pursuant to paragraph 3 by the
expected balance in the capitalized interest fund after such first interest
and/or principal payment (the "Capitalized Interest Credit").
14. The Special Tax Obligation is equal to the sum of the amounts computed
pursuant to paragraphs 4, 5, 7, 10, and 11, less the amounts computed
pursuant to paragraphs 12 and 13 (the "Prepayment Amount").
15. From the Prepayment Amount, the sum of the amounts computed pursuant
to paragraphs 4, 5, and 10, less the amounts computed pursuant to
paragraphs 12, and 13 shall be deposited into the appropriate fund as
established under the Indenture and be used to retire Outstanding Bonds or
make Debt Service payments. The amount computed pursuant to paragraph
7 shall be deposited into the Construction Fund. The amount computed
pursuant to paragraph 11 shall be retained by CFD No. 2026-1.
The Prepayment Amount may be sufficient to redeem an amount other than
a $5,000 increment of Bonds. In such cases, the increment above $5,000 or
integral multiple thereof will be retained in the appropriate fund established
under the Indenture to redeem Bonds to be used with the next prepayment
of Bonds.
The CFD Administrator will confirm that all previously levied Special
Taxes have been paid in full. With respect to any Assessor's Parcel that is
prepaid in full, once the CFD Administrator has confirmed that all
previously levied Special Taxes have been paid, the Water District shall
cause a suitable notice to be recorded in compliance with the Act, to indicate
the prepayment of Special Taxes and the release of the Special Tax lien on
such Assessor's Parcel, and the Special Tax Obligation of such Assessor's
Parcel to pay the Special Tax shall cease .
Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless
the amount of Maximum Special Taxes less Administrative Expenses for each
Fiscal Year that may be levied on Taxable Property, respectively, after the proposed
prepayment is at least 1.1 times the annual Debt Service on all Outstanding Bonds.
B. Partial Prepayment
The Special Tax on an Assessor's Parcel of Developed Property or for Undeveloped
Property for which a Building Permit has been issued may be partially prepaid. The
Partial Prepayment Amount shall be calculated as in Section 6.A.; except that a
partial prepayment shall be calculated according to the following formula:
October 9, 2026 12 Community Facilities District No. 2026-1
(Highland East)
East Valley Water District
pp = (PE-A) X F + A
These terms have the following meaning:
PP = the Partial Prepayment
PE= the Prepayment Amount calculated according to Section 6.A.
F = the percentage by which the owner of the Assessor's Parcel(s) is
partially prepaying the Special Tax.
A= The Administrative Fees and Expenses from Section 6.A.
The owner of any Assessor's Parcel who desires such prepayment shall notify the
CFD Administrator of (i) such owner's intent to partially prepay the Special Tax,
(ii) the percentage by which the Special Tax shall be prepaid, and (iii) the company
or agency that will be acting as the escrow agent, if any. The CFD Administrator
shall provide the owner with a statement of the amount required for the partial
prepayment of the Special Tax for an Assessor's Parcel within sixty (60) days of
the request and may charge a reasonable fee for providing this service.
With respect to any Assessor's Parcel that is partially prepaid, the Water District
shall (i) distribute the funds remitted to it according to Section 6.A., and (ii) indicate
in the records of CFD No. 2026-1 that there has been a partial prepayment of the
Special Tax and that a portion of the Special Tax with respect to such Assessor's
Parcel, equal to the outstanding percentage (1.00 -F) of the remaining Maximum
Special Tax, shall continue to be levied on such Assessor's Parcel pursuant to
Section 3.
Notwithstanding the foregoing, no partial prepayment shall be allowed unless the
amount of Maximum Special Taxes less Administrative Expenses for each Fiscal
Year that may be levied on Taxable Property, respectively, after the proposed
partial prepayment is at least 1.1 times the annual Debt Service on all Outstanding
Bonds.
7. TERM OF SPECIAL TAX
The Special Tax shall be levied for a period of thirty-five (35) Fiscal Years after the
last series of Bonds has been issued, provided that the Special Tax shall not be levied
later than Fiscal Year 2075/2076.
8. EXEMPTIONS
The CFD Administrator shall classify as Exempt Property (i) Assessor's Parcels owned
by the State of California, Federal or other local governments, (ii) Assessor's Parcels
which are used as places of worship and are exempt from ad valorem property taxes
because they are owned by a religious organization, (iii) Assessor's Parcels developed
or planned to be developed exclusively for any type of Non-Residential Property use,
(iv) Assessor's Parcels encumbered by public utility easements or other restrictions, as
reasonably determined by the CFD Administrator, provided that cumulatively for each
October 9, 2026 13 Community Facilities District No. 2026-1
(Highland East)
East Valley Water District
of (i) through (iv) no such classification would reduce the sum of all Taxable Property
within CFD No. 2026-1 to less than 6.27 Acres. Assessor's Parcels which cannot be
classified as Exempt Property because such classification would reduce the sum of all
Taxable Property in CFD No. 2026-1 to less than 6.27 Acres shall be classified as
Provisional Undeveloped Property, and will continue to be subject to the Special Tax
accordingly. Tax exempt status for this purpose of this paragraph will be assigned by
the CFD Administrator in the chronological order in which property becomes eligible
for classification as Exempt Property.
If the use of an Assessor 's Parcel of Exempt Property changes so that such Assessor's
Parcel is no longer classified as one of the uses set forth in the first paragraph of this
Section 8 above (that would make such Assessor's Parcel eligible to be classified as
Exempt Property), such Assessor's Parcel shall cease to be classified as Exempt
Property and shall be deemed to be Taxable Property .
9. APPEALS
Any landowner who pays the Special Tax and claims the amount of the Special Tax
levied on his or her Assessor's Parcel is in error shall first consult with the CFD
Administrator regarding such error not later than twelve (12) months after first having
paid the first installment of the Special Tax that is disputed. If following such
consultation, the CFD Administrator determines that an error has occurred, the CFD
Administrator may recommend changing the amount of the Special Tax levied on such
Assessor's Parcel. If following such consultation and action, if any by the CFD
Administrator, the landowner believes such error still exists, such person may file a
written notice with the General Manager appealing the amount of the Special Tax
levied on such Assessor's Parcel. Upon receipt of such notice, the General Manager
may establish such procedures as deemed necessary to undertake the review of any
such appeal. The General Manager thereof shall interpret this RMA and make
determinations relative to the administration of the Special Tax and any landowner
appeals . The decision of the General Manager shall be final and binding as to all
persons.
October 9, 2026 14 Community Facilities Distric t No. 2026-1
(Highland East)
East Valley Water District