Mello Roos Disclosure Statement

NOTICE OF SPECIAL TAX

COMMUNITY FACILITIES DISTRICT 1989-1
ANTIOCH AREA PUBLIC FACILITIES FINANCING AGENCY
COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA

To: THE PROSPECTIVE PURCHASER OF THE REAL PROPERTY KNOWN AS:

THIS IS A NOTIFICATION TO YOU PRIOR TO YOUR PURCHASING THIS PROPERTY.

1. This property is subject to a special tax, which is in addition to the regular property taxes and other charges and benefit assessments on the parcel. This special tax may not be imposed on all parcels within the city or county where the property is located. If you fail to pay this tax when due each year, the property may be foreclosed upon and sold. The tax is used to provide public facilities or services that are likely to particularly benefit the property. YOU SHOULD TAKE THIS TAX AND THE BENEFITS FROM THE FACILITIES AND SERVICES FOR WHICH IT PAYS INTO ACCOUNT IN DECIDING TO WHETHER TO BUY THIS PROPERTY.
   
   
2. The maximum annual tax to which this property is subject is $ ___________ during the 1999-00 tax year and thereafter. The special tax will be levied each year until all of the authorized facilities are built and all special tax bonds are repaid.
   
   
3. The authorized facilities which are being paid for by the special taxes, and by the money received from the sale of bonds which are being repaid by the special taxes, are set forth on Exhibit A attached hereto. These facilities may not yet have all been constructed or acquired and it is possible that some may never be constructed or acquired.
   
   
4. The obligation to pay the special tax, attached to this property, was a condition required in order to permit this property to be developed. The payment of tax is intended to insure that there will be adequate capacity in the School District for the children that may come from this property. However, the payment of the special tax does not guarantee attendance at any particular school, nor does it guarantee attendance at a newly constructed school. School attendance boundaries are set by the School Board and are based on many criteria, only one of which is whether a property pays the special tax.
   

YOU MAY OBTAIN A COPY OF THE RESOLUTION OF FORMATION WHICH AUTHORIZED CREATION OF THE COMMUNITY FACILITIES DISTRICT, AND WHICH SPECIFIES MORE PRECISELY HOW THE SPECIAL TAX IS APPORTIONED AND HOW THE PROCEEDS OF THE TAX WILL BE USED, FROM THE CONTROLLER OF THE ANTIOCH AREA PUBLIC FACILITIES FINANCING AGENCY BY CALLING (925) 779 - 7056. THERE MAY BE A CHARGE FOR THIS DOCUMENT NOT TO EXCEED THE REASONABLE COST OF PROVIDING THIS DOCUMENT.

I (WE) ACKNOWLEDGE THAT I (WE) HAVE READ THIS NOTICE AND RECEIVED A COPY OF THIS NOTICE PRIOR TO ENTERING INTO A CONTRACT TO PURCHASE OR DEPOSIT RECEIPT WITH RESPECT TO THE ABOVE-REFERENCED PROPERTY. I (WE) UNDERSTAND THAT I (WE) MAY TERMINATE THE CONTRACT TO PURCHASE OR DEPOSIT RECEIPT WITHIN THREE DAYS AFTER RECEIVING THIS NOTICE IN PERSON OR WITHIN FIVE DAYS AFTER IT WAS DEPOSITED IN THE MAIL BY GIVING WRITTEN NOTICE OF THAT TERMINATION TO THE OWNER, SUBDIVIDER, OR AGENT SELLING THE PROPERTY.

Cfd disclosure form rev. 03/30/00

PUBLIC FACILITIES TO BE PROVIDED
BY CFD 1989-1

School District Facilities

1. Five elementary schools, sufficient to mitigate projected student impacts of CFD 1989-1, including site acquisition (including payment of special assessments on the sites), all necessary furniture and equipment, and all other necessary appurtenances (but not including costs for any relocatables which will be incorporated in the schools which have already been financed under paragraph 4, below), on the following sites indicated on the attached map (these designations are for identification and location purposes only and bearing necessary relation to ultimate school names): the Ponderosa site, the Meadow Park site, the North American site, the Hillcrest site and the O' Brian site. The first four schools to be constructed shall be 750 student (900 student year-round) capacity schools.
   
   
2. Two middle schools, sufficient to-mitigate projected student impacts of CFD 1989-1, including acquisition of the site for one of the middle schools, together with payment of special assessments on both sites, all necessary furniture and equipment, and all other necessary appurtenances, on the following sites on the following sites indicated on the attached map (these designations are for identification and location purposes only and bear no necessary relation to ultimate school names): the Warmington site and the Dallas site. The first middle school shall be a 1200 student capacity school.
   
   
3. One comprehensive high school (9-12), sufficient to mitigate projected student impacts of CFD 1989-1, on the site across Lone Tree Way from; the proposed Community Park, or a portion thereof, including site acquisition, together with payment of special assessments on the site, all necessary furniture and equipment, and all other necessary appurtenances. The first phase shall each have at least a 1,042 student capacity.
   

   If the School District determines to abandon any of the above named sites, it may substitute a new site therefor, so long as the new site is within the boundaries of CFD 1989-1 or, with respect to elementary school site only, near enough to the boundaries that it may reasonably serve the children within CFD 1989-1.
   

4. Interim school facilities including, but not limited to, portable classrooms, all necessary furniture and equipment, portable toilets, portable administrative facilities, all electrical, plumbing and site preparation costs associated with installing the interim facilities, together with all other necessary appurtenances only to the extent these facilities are to be incorporated in the permanent schools listed above.
   
   
5. State match funds for school facilities pursuant to the Lease Purchase Law, not to exceed what would have become due from building permits within the Eagles' Ridge School match period from properties within the boundaries of CFD 1989-1. Provided, however, that such funds shall be reduced by the amount of the mitigation fees paid by any property included in the original boundary map of 1989-1 but subsequently excluded. All such funds shall be applied by the School District first, however, to interim school facilities including those within 1989-1.
   

All the above described school facilities shall comply with the State Lease Purchase Law and the policies, regulations and procedures of the State Allocation Board, including, to the extent applicable, complying with the building area and cost standards, and the use of portables standard, established by the State Allocation Board.

6. School District support facilities only to the extent necessitated by student generation within CFD 1989-1, not to exceed a cost of $1,500,000.00, and only so long as the square footage of such facilities shall not be counted against the eligibility for elementary school facilities, listed in this Exhibit A, under the Lease Purchase Law. These facilities must be constructed in such a way as to comply with the building area and cost standards established by the State Allocation Board.
   
   
7. School District administrative facilities only to the extent necessitated by student generation within CFD 1989-1, not to exceed a cost of $1,000,000.00, and only so long as the square footage of such facilities shall not be counted against the eligibility for elementary school facilities, listed in this Exhibit A, under the Lease Purchase Law. These facilities must be constructed in such a way as to comply with the building area and cost standards established by the State Allocation Board.

Citv Facilities

8. A Community Park of approximately 98.3 acres including site acquisition, the payment of assessments on the site, community center, nature center, library, play courts, play fields, playgrounds, picnic and barbecue areas, swimming pools, amphitheater, nature and walking trails, open space, parking facilities and all necessary equipment and appurtenances, generally in accordance with the Preliminary Southeast Area Community Park Plan by McGill, Martin, Self dated December 1, 1987, and generally as described in the City's Southeast Specific Plan dated August, 1982.

Joint Facilities

9. A pedestrian bridge over Lone Tree Way.

The authorized costs of the authorized facilities include all those set forth in Section 53345.3 of the Act, and all costs necessary to administer the bonds, collect and administer the special taxes, and administer the Agency. The special taxes may be levied not only to pay current debt service on the bonds, but also to accumulate funds for future debt service, to pay amounts delinquent on the bonds (or to become delinquent based upon past special tax delinquencies), to replenish the reserve fund to its proper level (or to reimburse payments to be made from the reserve fund based upon past special tax delinquencies), to pay authorized costs, to pay directly for any authorized facilities or to accumulate funds for that purpose. Special tax proceeds may be accumulated to pay debt service on the bonds so long as such proceeds are handled in such a fashion as not to cause the bonds to become arbitrage bonds under the Tax Reform Act of 1986

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