Cities Index.
Agenda packet, regular meeting, second session

Palm Springs City Council
December 10, 2025

Document
Agenda packet, regular meeting, second session
Meeting
December 10, 2025
Body
Palm Springs City Council
Pages
57
Original file
141.7 MB
Text extracted from the city's file for reading and search. Open the original on palmsprings.primegov.com. That file is the official record.

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RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, DETERMINING THE

NECESSITY FOR COMMUNITY FACILITIES DISTRICT
NO. 2025-1 (SERENA PARK) OF THE CITY OF PALM

SPRINGS TO INCUR BONDED INDEBTEDNESS IN AN

AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED
$12,500,000 FOR IMPROVEMENT AREA NO. 1,
$10,600,000 FOR IMPROVEMENT AREA NO. 2,
$15,000,000 FOR IMPROVEMENT AREA NO. 3, AND
$7,500,000 FOR IMPROVEMENT AREA NO. 4 FOR

PROVIDING PUBLIC FACILITIES WITHIN AND FOR THE

COMMUNITY FACILITIES DISTRICT AND IMPROVEMENT
AREA NOS. 1, 2, 3, AND 4 THEREOF, AND CALLING

SPECIAL ELECTIONS FOR THE IMPROVEMENT AREAS

OF THE COMMUNITY FACILITIES DISTRICT ON

PROPOSITIONS FOR INCURRING SUCH BONDED

INDEBTEDNESS
WHEREAS, on October 22, 2025, the City Council (the "City Council") of the City of Palm Springs (the "City"), pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code (the "Act"), adopted a resolution declaring the necessity (the “Resolution of Necessity”) for Community Facilities District No. 2025-1 (Serena Park) of the City of Palm Springs, County of Riverside, State of California (the "District"), to incur a bonded indebtedness for the purpose of providing and financing public facilities that are necessary to meet increased demands placed upon the City (the “Authorized Facilities”) and as a result of development of the property therein; and
WHEREAS, on December 10, 2025, at the time and place of the hearing, as set forth in the Resolution of Necessity and the notice thereof, the City Council conducted the hearing and afforded all persons interested, including persons owning property within the District, an opportunity to be heard on the proposed authorization to incur bonded indebtedness, and no protests were received; and WHEREAS, pursuant to Section 53350 of the California Government Code, by adoption of the Resolution of Necessity, the City Council designated portions of the property within the District as Improvement Area No. 1, Improvement Area No. 2, Improvement Area No. 3, and Improvement Area No. 4 (each an “Improvement Area” and together the “Improvement Areas”), and approved proposed bonded indebtedness for each Improvement Area of the District, and the effect of such designation is that the property will be responsible only for the payment of special taxes which will be levied for the payment of principal of and interest on the bonds of the related Improvement Area of the District which will be issued and sold to finance the Authorized Facilities for such portion of the property; and

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WHEREAS, on December 10, 2025, at the conclusion of the hearing, the City Council adopted the resolution of formation pursuant to Section 53325.1 (a) of the California Government Code (the "Resolution of Formation"), establishing Community Facilities District No. 2025-1 (Serena Park) of the City of Palm Springs, County of Riverside, State of California; and
WHEREAS, the City Council has determined that it is necessary for each Improvement Area of the District to incur a bonded indebtedness for the purpose of providing and financing the Authorized Facilities which are necessary to the development of the property therein; and
WHEREAS, the City Clerk has received a statement from the Registrar of Voters of the County of Riverside that there are no persons registered to vote in the territory of the Improvement Areas of the District.

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, HEREBY RESOLVES AS FOLLOWS:

SECTION 1. Recitals. The forgoing recitals are true and correct and are incorporated herein by this reference.

SECTION 2. Necessity and Bonded Indebtedness. It is necessary that bonded indebtedness be incurred by and for the District in an aggregate principal amount not to exceed $12,500,000 for Improvement Area No. 1, $10,600,000 for Improvement Area No. 2, $15,000,000 for Improvement Area No. 3, and $7,500,000 for Improvement Area No. 4 for the purposes of financing the design, construction and acquisition of the Authorized Facilities for each Improvement Area of the District as described in the Resolution of Formation.

SECTION 3. Costs Included. The amount of the proposed bonded indebtedness shall include all costs and estimated costs incidental to, or connected with, the accomplishment of the purposes for which the proposed bonded indebtedness is to be incurred, including, but not limited to, the estimated costs of construction and acquisition of the Authorized Facilities which are proposed to be provided within each Improvement Area of the District, acquisition of land and rights-of-way, satisfaction of contractual obligations relating to expenses or the advancement of funds for expenses existing at the time the bonds are issued, architectural, engineering, inspection, legal, fiscal and financial consultant fees, bond and other reserve funds and interest on any bonds of the Improvement Areas of the District estimated to be due and payable within two years from the date of the issuance of such bonds, election costs, and all costs of issuance of the bonds, including, but not limited to, underwriter's discount, fees for bond counsel, disclosure counsel, appraisers, municipal advisors, market absorption consultants and other consultants, costs of obtaining credit ratings, bond insurance premiums, fees for letters of credit, and other credit enhancement costs, and printing costs.

SECTION 4. Amount of Debt; Terms of Bonds. The aggregate principal amount of the bonded indebtedness to be incurred by the District in one or more series shall not

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exceed an aggregate principal amount of $12,500,000 for Improvement Area No. 1, $10,600,000 for Improvement Area No. 2, $15,000,000 for Improvement Area No. 3, and $7,500,000 for Improvement Area No. 4. Each series of bonds issued in an Improvement Area shall have a maximum term of not to exceed 40 years. The maximum annual rate of interest to be paid semiannually on each series of bonds shall not exceed 12 percent per annum or such other rate as may be the maximum interest rate permitted by law.

SECTION 5. Propositions to be Submitted to Voters.
(a) The propositions to be submitted to the voters within each Improvement Area of the District with respect to the proposed bonded indebtedness shall be as follows:

Improvement Area No. 1: Shall a bonded indebtedness in
one or more series in an aggregate principal amount not to exceed $12,500,000 be incurred by and for Improvement
Area No. 1 of Community Facilities District No. 2025-1
(Serena Park) of the City of Palm Springs, County of
Riverside, State of California, with each series of bonds having a maximum term of not more than 40 years and with interest at a rate or rates not to exceed the maximum
interest rate permitted by law, for the purposes of financing and providing the authorized facilities for Community
Facilities District No. 2025-1 (Serena Park), including the design, construction and acquisition of public facilities authorized by the Mello-Roos Community Facilities Act of 1982 that are necessary for the development of the property within Community Facilities District No. 2025-1 (Serena Park), including, but not limited to the following facilities to be owned by the City: street and transportation improvements including rights of way, curb and gutters, paving, sidewalks, striping and signage, and other improvements related
thereto; park acquisition and improvements; storm drainage improvements; and sewer improvements of the City of Palm Springs, as provided in the Resolution of Formation adopted by the City Council of the City of Palm Springs on December 10, 2025?
Improvement Area No. 2: Shall a bonded indebtedness in
one or more series in an aggregate principal amount not to exceed $10,600,000 be incurred by and for Improvement
Area No. 2 of Community Facilities District No. 2025-1
(Serena Park) of the City of Palm Springs, County of
Riverside, State of California, with each bond issue having a maximum term of not more than 40 years and with interest at a rate or rates not to exceed the maximum interest rate

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permitted by law, for the purposes of financing and providing the authorized facilities for Community Facilities District No. 2025-1 (Serena Park), including the design, construction and acquisition of public facilities authorized by the Mello-Roos Community Facilities Act of 1982 that are necessary for the development of the property within Community Facilities District No. 2025-1 (Serena Park), including, but not limited to the following facilities to be owned by the City: street and transportation improvements including rights of way, curb and gutters, paving, sidewalks, striping and signage, and other improvements related thereto; park acquisition and improvements; storm drainage improvements; and sewer
improvements of the City of Palm Springs, as provided in the Resolution of Formation adopted by the City Council of the City of Palm Springs on December 10, 2025?
Improvement Area No. 3: Shall a bonded indebtedness in
one or more series in an aggregate principal amount not to exceed $15,000,000 be incurred by and for Improvement
Area No. 3 of Community Facilities District No. 2025-1
(Serena Park) of the City of Palm Springs, County of
Riverside, State of California, with each bond issue having a maximum term of not more than 40 years and with interest at a rate or rates not to exceed the maximum interest rate permitted by law, for the purposes of financing and providing the authorized facilities for Community Facilities District No. 2025-1 (Serena Park), including the design, construction and acquisition of public facilities authorized by the Mello-Roos Community Facilities Act of 1982 that are necessary for the development of the property within Community Facilities District No. 2025-1 (Serena Park), including, but not limited to the following facilities to be owned by the City: street and transportation improvements including rights of way, curb and gutters, paving, sidewalks, striping and signage, and other improvements related thereto; park acquisition and improvements; storm drainage improvements; and sewer
improvements of the City of Palm Springs, as provided in the Resolution of Formation adopted by the City Council of the City of Palm Springs on December 10, 2025?
Improvement Area No. 4: Shall a bonded indebtedness in
one or more series in an aggregate principal amount not to exceed $7,500,000 be incurred by and for Improvement
Area No. 4 of Community Facilities District No. 2025-1
(Serena Park) of the City of Palm Springs, County of
Riverside, State of California, with each bond issue having a maximum term of not more than 40 years and with interest at

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a rate or rates not to exceed the maximum interest rate permitted by law, for the purposes of financing and providing the authorized facilities for Community Facilities District No. 2025-1 (Serena Park), including the design, construction and acquisition of public facilities authorized by the Mello-Roos Community Facilities Act of 1982 that are necessary for the development of the property within Community Facilities District No. 2025-1 (Serena Park), including, but not limited to the following facilities to be owned by the City: street and transportation improvements including rights of way, curb and gutters, paving, sidewalks, striping and signage, and other improvements related thereto; park acquisition and improvements; storm drainage improvements; and sewer
improvements of the City of Palm Springs, as provided in the Resolution of Formation adopted by the City Council of the City of Palm Springs on December 10, 2025?
SECTION 6. Election. The date of the special elections with respect to the incurring of the aforementioned bonded indebtedness by the District, at which time the propositions set forth in Section 5 hereof shall be submitted to the voters of each Improvement Area of the District, is December 10, 2025, and that those special elections are hereby called for that date. Pursuant to Section 53326 of the California Government Code, since at the time of the close of the public hearing, and for at least the preceding 90 days, less than 12 persons have been registered to vote within the territory of the Improvement Areas, the vote in the special elections will be by the landowners of the Improvement Areas whose property would be subject to the special taxes if they were levied at the time of the elections, with each landowner of record at the close of the public hearing having one vote for each acre or portion of an acre of land that he or she owns within the applicable Improvement Area, and the special elections shall be conducted by the City Clerk (the "City Clerk"). The special elections shall be consolidated with the special elections with respect to the propositions regarding the levy of special taxes for the payment of the principal of and interest on the bonds of each Improvement Area of the District and establishing an appropriations limit for the Improvement Areas which has also been called for December 10, 2025. The consolidated special elections shall be conducted by the City Clerk pursuant to applicable provisions of the California Elections Code with respect to mail-ballot elections of cities and specifically Division 4 (commencing with Section 4000) of that Code, insofar as they may be applicable. The voted official ballots shall be received by the City Clerk by 5:00 p.m. on the date of the election; provided that if all qualified electors have voted, the election shall be closed with the concurrence of the City Clerk.

SECTION 7. Accountability Measures. Pursuant to Section 53410 of the California Government Code, if the voters approve the propositions contained in the official ballots for the consolidated special elections with respect to the Improvement Areas of the District incurring bonded indebtedness for the purposes for which such indebtedness is to be incurred and bonds of the Improvement Areas of the District are to be issued (the "Bond Propositions"), the incurring of such bonded indebtedness and

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the issuance of bonds of the Improvement Areas of the District shall be subject to the following accountability measures:
(a) The Bond Propositions shall identify the specific purposes for which the bonds are to be issued;
(b) The proceeds of the bonds shall be applied only for the specific purposes identified in the Bond Propositions;
(c) An account or accounts shall be created pursuant to the fiscal agent agreement for such bonds into which the proceeds of the sale of such bonds shall be deposited; and
(d) The City Manager, or his designee(s), shall file a report with the City Council no later than January 2 of the calendar year beginning after the year in which the bonds are issued and annually thereafter, which shall contain the information required by Section 53411 of the California Government Code.

The City Council finds that the Bond Propositions which will be set forth in the official ballots for the consolidated special elections, and which are set forth in Section 5 hereof, identifies the specific purposes for which the Improvement Areas of the District will incur bonded indebtedness and issue bonds.

SECTION 8. CEQA. The City Council finds this Resolution is not subject to the California Environmental Quality Act (“CEQA”) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 9. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 10. Effective Date. This Resolution shall become effective immediately upon its adoption.

PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 10TH DAY OF DECEMBER, 2025.

SCOTT STILES, CITY MANAGER
ATTEST:

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BRENDA PREE, CITY CLERK

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )
I, BRENDA PREE, City Clerk of the City of Palm Springs, hereby certify that Resolution No. _____ is a full, true and correct copy as was duly adopted at a regular meeting of the City Council of the City of Palm Springs on December 10, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this 10th day of December, 2025.

BRENDA PREE, CITY CLERK

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ATTACHMENT C
Resolution
Calling Special Election

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Resolution No. ______

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RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, CALLING A SPECIAL

ELECTION AND SUBMITTING TO THE VOTERS OF EACH
OF THE IMPROVEMENT AREA NOS. 1, 2, 3, AND 4 OF
COMMUNITY FACILITIES DISTRICT NO. 2025-1 (SERENA

PARK) OF THE CITY OF PALM SPRINGS PROPOSITIONS

WITH RESPECT TO THE ANNUAL LEVY OF SPECIAL

TAXES WITHIN SAID COMMUNITY FACILITIES DISTRICT

AND ESTABLISHING AN APPROPRIATIONS LIMIT FOR

SAID COMMUNITY FACILITIES DISTRICT
WHEREAS, pursuant to Section 53325.1 of the California Government Code, the City Council (the “City Council”) of the City of Palm Springs (“the City”) has adopted a resolution establishing Community Facilities District No. 2025-1 (Serena Park) of the City of Palm Springs, County of Riverside, State of California (the “District”) and the boundaries thereof (the “Resolution of Formation”); and WHEREAS, the owners of the property to be included in the District (the “Owners”) have requested that in establishing the District, the City Council designate four separate improvement areas (each an “Improvement Area” and, collectively, the “Improvement Areas”) over portions of the property included therein so that separate series of the bonds of the District may be issued on behalf of each Improvement Area to finance the public facilities secured by the levy of special taxes within each applicable Improvement Area as further described in resolution of intention adopted by the City Council on October 22, 2025 (the “Resolution of Intention”); and WHEREAS, pursuant to Section 53351 of the California Government Code, the City Council has also adopted a resolution determining that it is necessary that the District incur bonded indebtedness in one or more series of bonds in the maximum aggregate principal amount as follows: (i) for Improvement Area No. 1, $12,500,000, (ii) for Improvement Area No. 2, $10,600,000, (iii) for Improvement Area No. 3, $15,000,000, and (iv) for Improvement Area No. 4, $7,500,000 for the purposes of financing the design, construction, and acquisition of certain public facilities for the District (the “Bond Resolution”); and
WHEREAS, by the Bond Resolution, the City Council called special elections on the propositions to be submitted to the voters of each of the Improvement Areas of the District with respect to each Improvement Area incurring bonded indebtedness for the purpose of financing such public facilities for the District and each Improvement Area therein; and
WHEREAS, pursuant to Sections 53326 and 53350 of the California Government Code, it is necessary that the City Council also submit to the voters of each Improvement Area the proposition relating to the annual levy of special taxes on the property within each Improvement Area to pay the principal of and interest on the bonds

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of each Improvement Area which may be issued and sold to finance the design, construction and acquisition of the public facilities, if such bonds are authorized and issued, or to pay or accumulate funds for paying the costs of public facilities; and WHEREAS, pursuant to Section 53325.7 of said Code, the City Council may also submit to the voters of the Improvement Areas of the District a proposition with respect to establishing an appropriations limit for each Improvement Area of the District.

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, HEREBY RESOLVES, DETERMINES AND APPROVES AS FOLLOWS:

SECTION 1. Findings. The City Council finds that: (i) the foregoing recitals are true and correct and are incorporated herein by this reference; (ii) less than 12 persons have been registered to vote within the territory of the District (and each Improvement Area) during the 90 days preceding the close of the public hearing on December 10, 2025; (iii) pursuant to Section 53326 of the California Government Code, as a result of the findings set forth in clause (ii) above, the vote in the special election called by this Resolution shall be by the landowners of the Improvement Areas of the District whose property would be subject to the special taxes if they were levied at the time of the elections, and each landowner shall have one vote for each acre, or portion thereof, which he or she owns within Improvement Area of the District which would be subject to the proposed special taxes if they were levied at the time of the elections; (iv) the Owners of all of the land in the Improvement Areas of the District have by written consent (a) waived the time limits set forth in said Section 53326 for holding the elections called by this Resolution and the elections on the propositions of the Improvement Areas of the District incurring a bonded indebtedness, which pursuant to Section 4 hereof are consolidated with the elections called hereby, (b) consented to the holding of the consolidated special elections on December 10, 2025, (c) waived notice and mailed notice of the time and date of the consolidated special elections, and (d) waived an impartial analysis by the City Attorney of the ballot propositions pursuant to Section 9280 of the California Elections Code and arguments and rebuttals pursuant to Sections 9281 to 9287, inclusive, of said Code, and mailing of a statement pursuant to Section 9401 of that Code; and (v) the City Clerk of the City has consented to the holding of the consolidated special elections on December 10, 2025.

SECTION 2. Call of Elections. The City Council hereby calls and schedules special elections for December 10, 2025 within and for each of the Improvement Areas of the District on (i) the proposition with respect to the annual levy of special taxes within each Improvement Area for the provision of public facilities for the Improvement Area, and for the payment of principal of and interest on the bonds of the Improvement Area, or to pay or accumulate funds for paying the costs of the design, construction and acquisition of public facilities, and (ii) the proposition with respect to establishing an appropriations limit for the Improvement Areas of the District.

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SECTION 3. Propositions.
(a) The propositions to be submitted to the voters of Improvement Area No. 1 at such special elections shall be as follows:

Proposition A: Shall a bonded indebtedness in one or more series in an aggregate principal amount not to exceed
$12,500,000 be incurred by and for Improvement Area No. 1 of Community Facilities District No. 2025-1 (Serena Park) of the City of Palm Springs, County of Riverside, State of California, with each series of bonds having a maximum
term of not more than 40 years and with interest at a rate or rates not to exceed the maximum interest rate permitted by law, for the purposes of financing and providing the
authorized facilities for Community Facilities District No. 2025-1 (Serena Park), including the design, construction and acquisition of public facilities authorized by the Mello-Roos Community Facilities Act of 1982 that are necessary for the development of the property within Community Facilities District No. 2025-1 (Serena Park), including, but not limited to the following facilities to be owned by the City: street and transportation improvements including rights of way, curb and gutters, paving, sidewalks, striping and signage, and other improvements related thereto; park acquisition and improvements; storm drainage improvements; and sewer
improvements of the City of Palm Springs, as provided in the Resolution of Formation adopted by the City Council of the City of Palm Springs on December 10, 2025?
Proposition B: Shall special taxes be levied annually on taxable property within Improvement Area No. 1 of
Community Facilities District No. 2025-1 (Serena Park) of the City of Palm Springs, County of Riverside, State of California, to pay the principal of and interest on the bonds of the improvement area which may be issued and sold to
finance the design, construction and acquisition of the public facilities described in Proposition A of this ballot, and costs incidental thereto, to replenish the reserve fund for the bonds, or to accumulate funds for future bond payments, including any amount required by federal law to be rebated to the United States with regard to the bonds, to pay or accumulate funds for paying the costs of the design,
construction and acquisition of such facilities, and to pay expenses incidental thereto and to the levy and collection of the special taxes, so long as the special taxes are needed to pay the principal of and interest on the bonds and for such other purposes, at the special tax rates and pursuant to the

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method of apportioning the special taxes set forth in Exhibit “A” to the Resolution of Formation adopted by the City
Council of the City of Palm Springs on December 10, 2025? Proposition C: Shall an appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, be established for Improvement Area No. 1 of Community Facilities District No. 2025-1 (Serena Park) of the City of Palm Springs, County of Riverside, State of California, in the amount of $12,500,000?
(b) The propositions to be submitted to the voters of Improvement Area No. 2 at such special elections shall be as follows:

Proposition A: Shall a bonded indebtedness in one or more series in an aggregate principal amount not to exceed
$10,600,000 be incurred by and for Improvement Area No. 2 of Community Facilities District No. 2025-1 (Serena Park) of the City of Palm Springs, County of Riverside, State of California, with each bond issue having a maximum term of not more than 40 years and with interest at a rate or rates not to exceed the maximum interest rate permitted by law, for the purposes of financing and providing the authorized facilities for Community Facilities District No. 2025-1 (Serena Park), including the design, construction and acquisition of public facilities authorized by the Mello-Roos Community Facilities Act of 1982 that are necessary for the development of the property within Community Facilities District No. 2025- 1 (Serena Park), including, but not limited to the following facilities to be owned by the City: street and transportation improvements including rights of way, curb and gutters, paving, sidewalks, striping and signage, and other
improvements related thereto; park acquisition and
improvements; storm drainage improvements; and sewer
improvements of the City of Palm Springs, as provided in the Resolution of Formation adopted by the City Council of the City of Palm Springs on December 10, 2025?
Proposition B: Shall special taxes be levied annually on taxable property within Improvement Area No. 2 of
Community Facilities District No. 2025-1 (Serena Park) of the City of Palm Springs, County of Riverside, State of California, to pay the principal of and interest on the bonds of the improvement area which may be issued and sold to
finance the design, construction and acquisition of the public facilities described in Proposition A of this ballot, and costs incidental thereto, to replenish the reserve fund for the

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bonds, or to accumulate funds for future bond payments, including any amount required by federal law to be rebated to the United States with regard to the bonds, to pay or accumulate funds for paying the costs of the design,
construction and acquisition of such facilities, and to pay expenses incidental thereto and to the levy and collection of the special taxes, so long as the special taxes are needed to pay the principal of and interest on the bonds and for such other purposes, at the special tax rates and pursuant to the method of apportioning the special taxes set forth in Exhibit “B” to the Resolution of Formation adopted by the City
Council of the City of Palm Springs on December 10, 2025? Proposition C: Shall an appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, be established for Improvement Area No. 2 of Community Facilities District No. 2025-1 (Serena Park) of the City of Palm Springs, County of Riverside, State of California, in the amount of $10,600,000?
(c) The propositions to be submitted to the voters of Improvement Area No. 3 at such special elections shall be as follows:

Proposition A: Shall a bonded indebtedness in one or more series in an aggregate principal amount not to exceed
$15,000,000 be incurred by and for Improvement Area No. 3 of Community Facilities District No. 2025-1 (Serena Park) of the City of Palm Springs, County of Riverside, State of California, with each bond issue having a maximum term of not more than 40 years and with interest at a rate or rates not to exceed the maximum interest rate permitted by law, for the purposes of financing and providing the authorized facilities for Community Facilities District No. 2025-1 (Serena Park), including the design, construction and acquisition of public facilities authorized by the Mello-Roos Community Facilities Act of 1982 that are necessary for the development of the property within Community Facilities District No. 2025- 1 (Serena Park), including, but not limited to the following facilities to be owned by the City: street and transportation improvements including rights of way, curb and gutters, paving, sidewalks, striping and signage, and other
improvements related thereto; park acquisition and
improvements; storm drainage improvements; and sewer
improvements of the City of Palm Springs, as provided in the Resolution of Formation adopted by the City Council of the City of Palm Springs on December 10, 2025?

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Proposition B: Shall special taxes be levied annually on taxable property within Improvement Area No. 3 of
Community Facilities District No. 2025-1 (Serena Park) of the City of Palm Springs, County of Riverside, State of California, to pay the principal of and interest on the bonds of the improvement area which may be issued and sold to
finance the design, construction and acquisition of the public facilities described in Proposition A of this ballot, and costs incidental thereto, to replenish the reserve fund for the bonds, or to accumulate funds for future bond payments, including any amount required by federal law to be rebated to the United States with regard to the bonds, to pay or accumulate funds for paying the costs of the design,
construction and acquisition of such facilities, and to pay expenses incidental thereto and to the levy and collection of the special taxes, so long as the special taxes are needed to pay the principal of and interest on the bonds and for such other purposes, at the special tax rates and pursuant to the method of apportioning the special taxes set forth in Exhibit “C” to the Resolution of Formation adopted by the City
Council of the City of Palm Springs on December 10, 2025? Proposition C: Shall an appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, be established for Improvement Area No. 3 of Community Facilities District No. 2025-1 (Serena Park) of the City of Palm Springs, County of Riverside, State of California, in the amount of $15,000,000?
(d) The propositions to be submitted to the voters of Improvement Area No. 4 at such special elections shall be as follows:

Proposition A: Shall a bonded indebtedness in one or more series in an aggregate principal amount not to exceed
$7,500,000 be incurred by and for Improvement Area No. 4 of Community Facilities District No. 2025-1 (Serena Park) of the City of Palm Springs, County of Riverside, State of California, with each bond issue having a maximum term of not more than 40 years and with interest at a rate or rates not to exceed the maximum interest rate permitted by law, for the purposes of financing and providing the authorized facilities for Community Facilities District No. 2025-1 (Serena Park), including the design, construction and acquisition of public facilities authorized by the Mello-Roos Community Facilities Act of 1982 that are necessary for the development of the property within Community Facilities District No. 2025- 1 (Serena Park), including, but not limited to the following

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facilities to be owned by the City: street and transportation improvements including rights of way, curb and gutters, paving, sidewalks, striping and signage, and other
improvements related thereto; park acquisition and
improvements; storm drainage improvements; and sewer
improvements of the City of Palm Springs, as provided in the Resolution of Formation adopted by the City Council of the City of Palm Springs on December 10, 2025?
Proposition B: Shall special taxes be levied annually on taxable property within Improvement Area No. 4 of
Community Facilities District No. 2025-1 (Serena Park) of the City of Palm Springs, County of Riverside, State of California, to pay the principal of and interest on the bonds of the improvement area which may be issued and sold to
finance the design, construction and acquisition of the public facilities described in Proposition A of this ballot, and costs incidental thereto, to replenish the reserve fund for the bonds, or to accumulate funds for future bond payments, including any amount required by federal law to be rebated to the United States with regard to the bonds, to pay or accumulate funds for paying the costs of the design,
construction and acquisition of such facilities, and to pay expenses incidental thereto and to the levy and collection of the special taxes, so long as the special taxes are needed to pay the principal of and interest on the bonds and for such other purposes, at the special tax rates and pursuant to the method of apportioning the special taxes set forth in Exhibit “D” to the Resolution of Formation adopted by the City
Council of the City of Palm Springs on December 10, 2025? Proposition C: Shall an appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, be established for Improvement Area No. 4 of Community Facilities District No. 2025-1 (Serena Park) of the City of Palm Springs, County of Riverside, State of California, in the amount of $7,500,000?
SECTION 4. Consolidation of Elections. The special elections called hereby on the propositions to be submitted to the voters of the District and of the Improvement Areas, as set forth in Section 3 hereof, shall be consolidated with the elections on the propositions regarding the Improvement Areas of the District incurring bonded indebtedness. The ballots for said consolidated elections shall be in the form attached hereto as Exhibit “A.”

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SECTION 5. Conduct of Elections. Except as otherwise provided in Section 6 hereof, the consolidated special elections shall be conducted by the City Clerk of the City pursuant to the California Elections Code governing mail ballot elections of cities, and in particular, the provisions of Division 4 (commencing with Section 4000) of said Code, insofar as they may be applicable.

SECTION 6. Election Procedures. The procedures to be followed in conducting the consolidated special elections on (i) the proposition of each of the Improvement Areas of the District incurring bonded indebtedness in an aggregate principal amount not to exceed $12,500,000 for Improvement Area No. 1, $10,600,000 for Improvement Area No. 2, $15,000,000 for Improvement Area No. 3, and $7,500,000 for Improvement Area No. 4; (ii) the propositions with respect to the levy of special taxes on taxable property within each Improvement Area to pay the principal of and interest on the bonds of the respective Improvement Areas of the District or to pay or accumulate funds for paying the costs of the design, construction and acquisition of public facilities; and (iii) the propositions with respect to establishing an appropriations limit for each Improvement Area of the District in the amount set forth in the applicable ballot (the “Consolidated Special Elections”) shall be as follows:
(a) Pursuant to said Section 53326 of the California Government Code, ballots for the Consolidated Special Elections shall be distributed to the qualified electors by the City Clerk by mail with return postage prepaid, or by personal service. (b) Pursuant to applicable sections of the California Elections Code governing the conduct of mail ballot elections of cities, and specifically Division 4 (commencing with Section 4000) of the California Elections Code with respect to elections conducted by mail, the City Clerk shall mail or deliver to each qualified elector an official ballot in the form attached hereto as Exhibit “A”, as appropriate, and shall also mail or deliver to all such qualified electors a ballot pamphlet and instructions to voter, including a sample ballot identical in form to the official ballot but identified as a sample ballot, a return identification envelope with prepaid postage thereon addressed to the City Clerk for the return of voted official ballots, and a copy of the Resolution of Formation; provided, however, that such statement, analysis and arguments have been waived with the unanimous consent of all the landowners.
(c) The official ballot to be mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the name of the landowner-voter and the number of votes to be voted by the landowner-voter and shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person signing the certification is the person who voted the official ballot, and if the landowner-voter is other than a natural person, that he or she is an officer of or other person affiliated with the landowner-voter entitled to vote such official ballot, that he or she has been authorized to vote such official ballot on behalf of the landownervoter, that in voting such official ballot it was his or her intent, as well as the intent of the landowner-voter, to vote all votes to which the landowner-voter is entitled based on its land ownership on the propositions set forth in the official ballot as marked thereon in the voting square opposite each such proposition, and further certifying as to the

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acreage of the landowner-voter’s land ownership within the applicable Improvement Area.
(d) The return identification envelope mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the following: (i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of perjury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the person whose name appears on the identification envelope, (iv) the printed name and signature of the voter, (v) the address of the voter, (vi) the date of signing and place of execution of said declaration, and (vii) a notice that the envelope contains an official ballot and is to be opened only by the City Clerk.
(e) The instruction to voter form to be mailed or delivered by the City Clerk to the landowner-voters shall inform them that the official ballots shall be returned to the City Clerk properly voted as provided thereon and with the certification appended thereto properly completed and signed in the sealed return identification envelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted by 5:00 p.m. on December 10, 2025. (f) Upon receipt of the return identification envelopes which are returned prior to the voting deadline on the date of the Consolidate Special Elections, the City Clerk shall canvass the votes cast in the Consolidate Special Elections, and shall file a statement with the City Council as to the results of such canvass and the election on each proposition set forth in the official ballot.

SECTION 7. Accountability Measures. Pursuant to Section 53410 of the California Government Code, if the landowner voters approve the propositions contained in the official ballot for the Consolidated Special Elections with respect to the Improvement Areas incurring bonded indebtedness for the purposes for which such indebtedness is to be incurred and bonds of the Improvement Areas are to be issued (the "Bond Propositions"), the incurring of such bonded indebtedness and the issuance of bonds of the Improvement Areas shall be subject to the following accountability measures:
(a) The Bond Propositions shall identify the specific purposes for which the bonds are to be issued;
(b) The proceeds of the bonds shall be applied only for the specific purposes identified in the Bond Propositions;
(c) An account or accounts shall be created pursuant to the fiscal agent agreement for such bonds into which the proceeds of the sale of such bonds shall be deposited; and
(d) The City Manager, or designee(s), shall file a report with the City Council no later than January 2 of the calendar year beginning after the year in which the bonds

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are issued and annually thereafter, which shall contain the information required by Section 53411 of the California Government Code.

The City Council finds that the Bond Propositions as set forth in the official ballots for the Consolidated Special Elections attached hereto as Exhibit “A,” identify the specific purposes for which the Improvement Areas will incur bonded indebtedness and issue bonds.

SECTION 8. CEQA. The City Council finds this Resolution is not subject to the California Environmental Quality Act (“CEQA”) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 9. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 10. Effective Date. This Resolution shall become effective immediately upon its adoption.

PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 10TH DAY OF DECEMBER, 2025.

SCOTT STILES, CITY MANAGER
ATTEST:

BRENDA PREE, CITY CLERK

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )
I, BRENDA PREE, City Clerk of the City of Palm Springs, hereby certify that Resolution No. _____ is a full, true and correct copy as was duly adopted at a regular meeting of the City Council of the City of Palm Springs on December 10, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this 10th day of December, 2025.

BRENDA PREE, CITY CLERK

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55575.70015\44351270.1
A-1
EXHIBIT “A”

OFFICIAL BALLOT

CONSOLIDATED SPECIAL ELECTIONS FOR
IMPROVEMENT AREA NO. 1 OF
COMMUNITY FACILITIES DISTRICT NO. 2025-1 (SERENA PARK)

OF THE CITY OF PALM SPRINGS

COUNTY OF RIVERSIDE

STATE OF CALIFORNIA
December 10, 2025
To vote, mark a cross (x or +) in the voting square after the word “YES” or after the word “NO”. All marks otherwise made are forbidden.

If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Palm Springs and obtain another.

PROPOSITION A: Shall a bonded
indebtedness in one or more series in an
aggregate principal amount not to exceed
$12,500,000 be incurred by and for
Improvement Area No. 1 of Community
Facilities District No. 2025-1 (Serena Park) of
the City of Palm Springs, County of
Riverside, State of California, with each bond
issue having a maximum term of not more
than 40 years and with interest at a rate or
rates not to exceed the maximum interest
rate permitted by law, for the purposes of
financing and providing the authorized
facilities for Community Facilities District No.
2025-1 (Serena Park), including the design,
construction and acquisition of public facilities
authorized by the Mello-Roos Community
Facilities Act of 1982 that are necessary for
the development of the property within
Community Facilities District No. 2025-1
(Serena Park), including, but not limited to
the following facilities to be owned by the
City: street and transportation improvements
including rights of way, curb and gutters,
paving, sidewalks, striping and signage, and
other improvements related thereto; park
acquisition and improvements; storm
drainage improvements; and sewer
improvements of the City of Palm
Springs, as provided in the Resolution
of Formation adopted by the City
Council of the City of Palm Springs on
December 10, 2025?
YES
NO

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PROPOSITION B Shall special taxes be
levied annually on taxable property within
Improvement Area No. 1 of Community
Facilities District No. 2025-1 (Serena Park) of
the City of Palm Springs, County of
Riverside, State of California, to pay the
principal of and interest on the bonds of the
improvement area which may be issued and
sold to finance the design, construction and
acquisition of the public facilities described in
Proposition A of this ballot, and costs
incidental thereto, to replenish the reserve
fund for the bonds, or to accumulate funds for
future bond payments, including any amount
required by federal law to be rebated to the
United States with regard to the bonds, to
pay or accumulate funds for paying the costs
of the design, construction and acquisition of
such facilities, and to pay expenses incidental
thereto and to the levy and collection of the
special taxes, so long as the special taxes
are needed to pay the principal of and
interest on the bonds and for such other
purposes, at the special tax rates and
pursuant to the method of apportioning the
special taxes set forth in Exhibit “A” to the
Resolution of Formation adopted by the City
Council of the City of Palm Springs on
December 10, 2025?
PROPOSITION C Shall an appropriations
limit, as defined by subdivision (h) of
Section 8 of Article XIII B of the California
Constitution, be established for Improvement
Area No. 1 of Community Facilities District
No. 2025-1 (Serena Park) of the City of Palm
Springs, County of Riverside, State of
California, in the amount of $12,500,000?

PROPOSITION A IS SUBJECT TO THE ACCOUNTABILITY MEASURES PRESCRIBED IN SECTION 53410 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA.

EXHIBIT “B”
YES
NO
YES
NO

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B-1

OFFICIAL BALLOT

CONSOLIDATED SPECIAL ELECTIONS FOR
IMPROVEMENT AREA NO. 2 OF
COMMUNITY FACILITIES DISTRICT NO. 2025-1 (SERENA PARK)

OF THE CITY OF PALM SPRINGS

COUNTY OF RIVERSIDE

STATE OF CALIFORNIA
December 10, 2025
To vote, mark a cross (x or +) in the voting square after the word “YES” or after the word “NO”. All marks otherwise made are forbidden.

If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Palm Springs and obtain another.

PROPOSITION A: Shall a bonded
indebtedness in one or more series in an
aggregate principal amount not to exceed
$10,600,000 be incurred by and for
Improvement Area No. 2 of Community
Facilities District No. 2025-1 (Serena Park) of
the City of Palm Springs, County of
Riverside, State of California, with each bond
issue having a maximum term of not more
than 40 years and with interest at a rate or
rates not to exceed the maximum interest
rate permitted by law, for the purposes of
financing and providing the authorized
facilities for Community Facilities District No.
2025-1 (Serena Park), including the design,
construction and acquisition of public facilities
authorized by the Mello-Roos Community
Facilities Act of 1982 that are necessary for
the development of the property within
Community Facilities District No. 2025-1
(Serena Park), including, but not limited to
the following facilities to be owned by the
City: street and transportation improvements
including rights of way, curb and gutters,
paving, sidewalks, striping and signage, and
other improvements related thereto; park
acquisition and improvements; storm
drainage improvements; and sewer
improvements of the City of Palm Springs, as
provided in the Resolution of Formation
adopted by the City Council of the City
of Palm Springs on December 10,
2025?
YES
NO

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B-2
PROPOSITION B Shall special taxes be
levied annually on taxable property within
Improvement Area No. 2 of Community
Facilities District No. 2025-1 (Serena Park) of
the City of Palm Springs, County of
Riverside, State of California, to pay the
principal of and interest on the bonds of the
improvement area which may be issued and
sold to finance the design, construction and
acquisition of the public facilities described in
Proposition A of this ballot, and costs
incidental thereto, to replenish the reserve
fund for the bonds, or to accumulate funds for
future bond payments, including any amount
required by federal law to be rebated to the
United States with regard to the bonds, to
pay or accumulate funds for paying the costs
of the design, construction and acquisition of
such facilities, and to pay expenses incidental
thereto and to the levy and collection of the
special taxes, so long as the special taxes
are needed to pay the principal of and
interest on the bonds and for such other
purposes, at the special tax rates and
pursuant to the method of apportioning the
special taxes set forth in Exhibit “B” to the
Resolution of Formation adopted by the City
Council of the City of Palm Springs on
December 10, 2025?
PROPOSITION C Shall an appropriations
limit, as defined by subdivision (h) of
Section 8 of Article XIII B of the California
Constitution, be established for Improvement
Area No. 2 of Community Facilities District
No. 2025-1 (Serena Park) of the City of Palm
Springs, County of Riverside, State of
California, in the amount of $10,600,000?

PROPOSITION A IS SUBJECT TO THE ACCOUNTABILITY MEASURES PRESCRIBED IN SECTION 53410 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA.

YES
NO
YES
NO

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C-1
EXHIBIT “C”

OFFICIAL BALLOT

CONSOLIDATED SPECIAL ELECTIONS FOR
IMPROVEMENT AREA NO. 3 OF
COMMUNITY FACILITIES DISTRICT NO. 2025-1 (SERENA PARK)

OF THE CITY OF PALM SPRINGS

COUNTY OF RIVERSIDE

STATE OF CALIFORNIA
December 10, 2025
To vote, mark a cross (x or +) in the voting square after the word “YES” or after the word “NO”. All marks otherwise made are forbidden.

If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Palm Springs and obtain another.

PROPOSITION A: Shall a bonded
indebtedness in one or more series in an
aggregate principal amount not to exceed
$15,000,000 be incurred by and for
Improvement Area No. 3 of Community
Facilities District No. 2025-1 (Serena Park) of
the City of Palm Springs, County of
Riverside, State of California, with each bond
issue having a maximum term of not more
than 40 years and with interest at a rate or
rates not to exceed the maximum interest
rate permitted by law, for the purposes of
financing and providing the authorized
facilities for Community Facilities District No.
2025-1 (Serena Park), including the design,
construction and acquisition of public facilities
authorized by the Mello-Roos Community
Facilities Act of 1982 that are necessary for
the development of the property within
Community Facilities District No. 2025-1
(Serena Park), including, but not limited to
the following facilities to be owned by the
City: street and transportation improvements
including rights of way, curb and gutters,
paving, sidewalks, striping and signage, and
other improvements related thereto; park
acquisition and improvements; storm
drainage improvements; and sewer
improvements of the City of Palm
Springs, as provided in the Resolution
of Formation adopted by the City
Council of the City of Palm Springs on
December 10, 2025?
YES
NO

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C-2
PROPOSITION B Shall special taxes be
levied annually on taxable property within
Improvement Area No. 3 of Community
Facilities District No. 2025-1 (Serena Park) of
the City of Palm Springs, County of
Riverside, State of California, to pay the
principal of and interest on the bonds of the
improvement area which may be issued and
sold to finance the design, construction and
acquisition of the public facilities described in
Proposition A of this ballot, and costs
incidental thereto, to replenish the reserve
fund for the bonds, or to accumulate funds for
future bond payments, including any amount
required by federal law to be rebated to the
United States with regard to the bonds, to
pay or accumulate funds for paying the costs
of the design, construction and acquisition of
such facilities, and to pay expenses incidental
thereto and to the levy and collection of the
special taxes, so long as the special taxes
are needed to pay the principal of and
interest on the bonds and for such other
purposes, at the special tax rates and
pursuant to the method of apportioning the
special taxes set forth in Exhibit “C” to the
Resolution of Formation adopted by the City
Council of the City of Palm Springs on
December 10, 2025?
PROPOSITION C Shall an appropriations
limit, as defined by subdivision (h) of
Section 8 of Article XIII B of the California
Constitution, be established for Improvement
Area No. 3 of Community Facilities District
No. 2025-1 (Serena Park) of the City of Palm
Springs, County of Riverside, State of
California, in the amount of $15,000,000?
YES
NO
YES
NO

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C-2

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PROPOSITION A IS SUBJECT TO THE ACCOUNTABILITY MEASURES PRESCRIBED IN SECTION 53410 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA.

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D-1
EXHIBIT “D”

OFFICIAL BALLOT

CONSOLIDATED SPECIAL ELECTIONS FOR
IMPROVEMENT AREA NO. 4 OF
COMMUNITY FACILITIES DISTRICT NO. 2025-1 (SERENA PARK)

OF THE CITY OF PALM SPRINGS

COUNTY OF RIVERSIDE

STATE OF CALIFORNIA
December 10, 2025
To vote, mark a cross (x or +) in the voting square after the word “YES” or after the word “NO”. All marks otherwise made are forbidden.

If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Palm Springs and obtain another.

PROPOSITION A: Shall a bonded
indebtedness in one or more series in an
aggregate principal amount not to exceed
$7,500,000 be incurred by and for
Improvement Area No. 4 of Community
Facilities District No. 2025-1 (Serena Park) of
the City of Palm Springs, County of
Riverside, State of California, with each bond
issue having a maximum term of not more
than 40 years and with interest at a rate or
rates not to exceed the maximum interest
rate permitted by law, for the purposes of
financing and providing the authorized
facilities for Community Facilities District No.
2025-1 (Serena Park), including the design,
construction and acquisition of public facilities
authorized by the Mello-Roos Community
Facilities Act of 1982 that are necessary for
the development of the property within
Community Facilities District No. 2025-1
(Serena Park), including, but not limited to
the following facilities to be owned by the
City: street and transportation improvements
including rights of way, curb and gutters,
paving, sidewalks, striping and signage, and
other improvements related thereto; park
acquisition and improvements; storm
drainage improvements; and sewer
improvements of the City of Palm
Springs, as provided in the Resolution
of Formation adopted by the City
Council of the City of Palm Springs on
December 10, 2025?
YES
NO

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D-2
PROPOSITION B Shall special taxes be
levied annually on taxable property within
Improvement Area No. 4 of Community
Facilities District No. 2025-1 (Serena Park) of
the City of Palm Springs, County of
Riverside, State of California, to pay the
principal of and interest on the bonds of the
improvement area which may be issued and
sold to finance the design, construction and
acquisition of the public facilities described in
Proposition A of this ballot, and costs
incidental thereto, to replenish the reserve
fund for the bonds, or to accumulate funds for
future bond payments, including any amount
required by federal law to be rebated to the
United States with regard to the bonds, to
pay or accumulate funds for paying the costs
of the design, construction and acquisition of
such facilities, and to pay expenses incidental
thereto and to the levy and collection of the
special taxes, so long as the special taxes
are needed to pay the principal of and
interest on the bonds and for such other
purposes, at the special tax rates and
pursuant to the method of apportioning the
special taxes set forth in Exhibit “D” to the
Resolution of Formation adopted by the City
Council of the City of Palm Springs on
December 10, 2025?
PROPOSITION C Shall an appropriations
limit, as defined by subdivision (h) of
Section 8 of Article XIII B of the California
Constitution, be established for Improvement
Area No. 4 of Community Facilities District
No. 2025-1 (Serena Park) of the City of Palm
Springs, County of Riverside, State of
California, in the amount of $7,500,000?
YES
NO
YES
NO

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D-2

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PROPOSITION A IS SUBJECT TO THE ACCOUNTABILITY MEASURES PRESCRIBED IN SECTION 53410 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA.

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ATTACHMENT D
Resolution Declaring
Results of Special Election
RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, DECLARING THE

RESULTS OF CONSOLIDATED SPECIAL ELECTIONS
WITHIN COMMUNITY FACILITIES DISTRICT NO. 2025-1
(SERENA PARK) OF THE CITY OF PALM SPRINGS,

COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AND
WITHIN IMPROVEMENT AREA NOS. 1, 2, 3, AND 4

THEREOF
WHEREAS, on December 10, 2025, the City Council (the “City Council”) of the City of Palm Springs (the “City”) adopted a resolution determining the necessity for Community Facilities District No. 2025-1 (Serena Park) of the City of Palm Springs, County of Riverside, State of California (the “District”), to incur bonded indebtedness in one or more series in an aggregate principal amount not to exceed $12,500,000 for Improvement Area No. 1, $10,600,000 for Improvement Area No. 2, $15,000,000 for Improvement Area No. 3, and $7,500,000 for Improvement Area No. 4 for the purposes of providing certain public facilities for the District and each of Improvement Area No. 1, Improvement Area No. 2, Improvement Area No. 3, and Improvement Area No. 4 of the District (each an “Improvement Area” and together the “Improvement Areas”), and calling a special election for the Improvement Areas of the District on the propositions with respect to incurring such a bonded indebtedness for December 10, 2025, and providing for the consolidation of said elections with the elections on the propositions

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Resolution No. _____
Page No. 2
with respect to (i) the annual levy of special taxes on taxable property within the Improvement Area of the District to pay principal of and interest on such bonds or to pay or accumulate funds for paying the costs of the design, construction and acquisition of such facilities, and (ii) establishing an appropriations limit for each Improvement Area of the District; and
WHEREAS, on December 10, 2025, the City Council also adopted a resolution calling a special election for December 10, 2025, for submitting to the qualified electors of each Improvement Area of the District the propositions with respect to the annual levy of special taxes on taxable property within the Improvement Areas to pay the principal of and interest on the bonds of the related Improvement Areas of the District, or to pay or accumulate funds for paying the costs of the design, construction and acquisition of such facilities, the proposition with respect to establishing an appropriations limit for each Improvement Area of the District, and providing for the consolidation of the elections with the elections on the propositions of each Improvement Area of the District incurring a bonded indebtedness (the “Election Resolution”); and WHEREAS, the City Council has received a statement from the City Clerk (the “City Clerk”), who pursuant to the Election Resolution was authorized to conduct the consolidated special elections for each Improvement Area of the District and act as the election official therefor, with respect to the canvass of the ballots returned in and the results of the consolidated special elections, certifying that at least two-thirds of the votes cast upon the propositions submitted to the voters in the consolidated special elections in each Improvement Area of the District were cast in favor of all such propositions.

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, HEREBY RESOLVES, DETERMINES AND APPROVES AS FOLLOWS:

SECTION 1. Findings. The City Council finds that: (i) the foregoing recitals are true and correct and are incorporated herein by this reference; (ii) there were no persons registered to vote within the boundaries of each Improvement Area of the District at the time of the close of the public hearing on December 10, 2025, and pursuant to Section 53326 of the California Government Code (“Section 53326”) the vote in the consolidated special elections was, therefore, to be by the landowners owning land within the Improvement Areas, with each landowner having one vote for each acre or portion of an acre of land that he or she owned within the Improvement Areas which would have been subject to the special tax if levied at the time of the consolidated special elections; (iii) pursuant to Section 53326 and the Election Resolution, the City Clerk distributed the ballots for the consolidated special elections of Improvement Area Nos. 1, 2, and 3 to Serena 386, LLC, a Delaware limited liability company, the owner of all of the taxable property included within the boundaries of Improvement Area Nos. 1, 2, and 3 (the “Improvement Area Nos. 1 – 3 Owner”) by overnight mail with return postage prepaid; (iv) pursuant to Section 53326 and the Election Resolution, the City Clerk distributed the ballots for the consolidated special elections of Improvement Area No. 4 to Casa Verona, LLC, a California limited liability company and Miragedunes Properties, LLC, a California limited liability company, the

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Resolution No. _____
Page No. 3
owners of all of the taxable property included within the boundaries of Improvement Area No. 4 (together, the “Improvement Area No. 4 Owners” and together with the Improvement Area Nos. 1 – 3 Owner and Improvement Area No. 4 Owners are the “Property Owners”) by overnight mail with return postage prepaid; (v) the Property Owners waived the time limits for holding the consolidated special elections and the election dates specified in Section 53326, and consented to the calling and holding of the consolidated special elections on December 10, 2025; (vi) the consolidated special elections have been properly conducted in accordance with all statutory requirements and the provisions of the Election Resolution; (viii) pursuant to Section 53326, based upon the acreage of its land ownership within the Improvement Areas of the District, the Property Owners were entitled to the following votes in the consolidated special elections for the Improvement Areas of the District: Improvement Area No. 1 – 18 votes, Improvement Area No. 2 – 19 votes, Improvement Area No. 3 – 27 votes, and Improvement Area No. 4 – 13 votes in the consolidated special elections; (vii) the ballots for the consolidated special elections were returned by the Property Owners to the City Clerk prior to the hour on the date of the election specified by the City Council for the return of voted ballots; (ix) the ballots returned to the City Clerk by the Property Owners voted all votes to which they were entitled in favor of all propositions set forth therein; (x) at least two-thirds of the votes cast in the consolidated special elections on each such proposition were cast in favor thereof, and pursuant to Sections 53328, 53329 and 53355 of the California Government Code, all such propositions carried; (xi) the City Council, as the legislative body of the District, is therefore authorized to take the necessary action to have the Improvement Areas of the District incur bonded indebtedness to finance the design, construction and acquisition of public facilities for the District, to annually levy special taxes on taxable property in the Improvement Areas in amounts sufficient to pay the principal of and interest on such bonds and to pay or accumulate funds for paying the costs of the public facilities; and (xii) an appropriations limit for each Improvement Area of the District has been established in the amount set forth in the applicable ballot.

SECTION 2. Declaration of Results. All votes voted in the consolidated special elections on the propositions with respect to the Improvement Areas of the District (i) to incur a bonded indebtedness to finance the design, construction and acquisition of public facilities for the District, (ii) levy annual special taxes on taxable property within the Improvement Areas to pay the principal of and interest on the bonds of each Improvement Area, or to pay or accumulate funds for paying the costs of the design, construction and acquisition of public facilities for the District, and (iii) establishing an appropriations limit for each Improvement Area of the District in the amount set forth in the applicable ballot were voted in favor thereof, and all such propositions carried.

SECTION 3. Effect of Elections. The effect of the results of the consolidated special elections, as specified in Section 2 hereof, is that the City Council, as the legislative body of the District, is authorized (i) to have the Improvement Areas of the District incur bonded indebtedness in an amount and for the purposes set forth in Proposition A of the Official Ballot for the consolidated special elections for each Improvement Area, (ii) to annually levy special taxes on taxable property in the Improvement Areas in an amount sufficient to pay the principal of and interest on such

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Resolution No. _____
Page No. 4
bonds or to pay or accumulate funds for paying the costs of the design, construction and acquisition of public facilities at the special tax rates and pursuant to the methodology for determining and apportioning such special taxes which are set forth in Exhibits “A” through “D” (for each respective Improvement Area) to the Resolution of Formation adopted by the City Council on December 10, 2025, and (iii) an appropriations limit has been established for each Improvement Area of the District in the amount set forth in the applicable ballot.

SECTION 4. Notice of Special Tax Lien. The City Clerk shall record a separate notice of special tax lien pursuant to Section 53328.3 of the California Government Code and Section 3114.5 of the California Streets and Highways Code for each Improvement Area, attaching the applicable Rate and Method of Apportionment of Special Tax.

SECTION 5. CEQA. The City Council finds this Resolution is not subject to the California Environmental Quality Act (“CEQA”) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 6. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 7. Effective Date. This Resolution shall become effective immediately upon its adoption.

PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 10TH DAY OF DECEMBER, 2025.

SCOTT STILES, CITY MANAGER
ATTEST:

BRENDA PREE, CITY CLERK

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Resolution No. _____
Page No. 5

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )
I, BRENDA PREE, City Clerk of the City of Palm Springs, hereby certify that Resolution No. _____ is a full, true and correct copy as was duly adopted at a regular meeting of the City Council of the City of Palm Springs on December 10, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this 10th day of December, 2025.

BRENDA PREE, CITY CLERK

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ATTACHMENT E
Ordinance
Levying Special Taxes

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Ordinance No. ____

Page 1 ends

ORDINANCE NO. _________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF PALM SPRINGS, CALIFORNIA, ACTING AS THE

LEGISLATIVE BODY OF COMMUNITY FACILITIES
DISTRICT NO. 2025-1 (SERENA PARK) OF THE CITY OF

PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF

CALIFORNIA AUTHORIZING THE LEVY OF SPECIAL

TAXES IN SUCH COMMUNITY FACILITIES DISTRICT
AND IMPROVEMENT AREA NOS. 1, 2, 3, AND 4

THEREOF
WHEREAS, the City Council of the City of Palm Springs, California (the “City Council”), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors authorizing the levy of special taxes in each improvement area of the community facilities district, all as authorized pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982”, being Chapter 2.5, Part 1. Division 2, Title 5 of the Government Code of the State of California (the “Act”).

WHEREAS, this community facilities district shall hereinafter be referred to as Community Facilities District No. 2025-1 (Serena Park) of the City of Palm Springs, County of Riverside, State of California (the “District”) and improvement areas therein designated as Improvement Area No. 1, Improvement Area No. 2, Improvement Area No. 3, and Improvement Area No. 4 (each an “Improvement Area” and together the “Improvement Areas”).

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2025-1 (SERENA PARK), DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. This City Council does, by the passage of this Ordinance, authorize the levy of special taxes on all parcels of taxable property located in the Improvement Areas of the District pursuant to the Rate and Method of Apportionment as set forth in Exhibits “A” through “D” attached hereto and incorporated herein by this reference (each a “Rate and Method” and together the “Rates and Methods”).

Section 2. This City Council, acting as the legislative body of the District, is hereby further authorized, by resolution, to annually determine the special tax to be levied within each Improvement Area of the District for the then current tax year or future tax years, commencing fiscal year 2025-26; provided, however, the special tax to be levied in the Improvement Areas shall not exceed the maximum special tax authorized to be levied pursuant to the Rate and Method for such Improvement Areas.

Section 3. The special taxes herein authorized to be levied, to the extent possible, shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale and lien priority in case of delinquency as is provided for ad valorem taxes.

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Ordinance No. ____

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Section 4. The special taxes authorized to be levied shall be secured by the lien imposed pursuant to Section 3114.5 and 3115.5 of the California Streets and Highways Code, which lien shall be a continuing lien and shall secure each levy of the special taxes. The lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the special taxes ceases to be levied by the City Council.

Section 5. This Ordinance shall be effective thirty (30) days after its adoption.

Within fifteen (15) days after its adoption, the City Clerk shall cause this Ordinance to be published in a newspaper of general circulation in the City.

INTRODUCED at a regular meeting of the City Council of the City of Palm Springs on the 10th day of December, 2025.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Palm Springs on this ____ day of ________________, 202_.

SCOTT STILES, CITY MANAGER
ATTEST:

BRENDA PREE, CITY CLERK

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )
I, BRENDA PREE, City Clerk of the City of Palm Springs, hereby certify that Ordinance No. _____ is a full, true and correct copy as was introduced at a regular meeting of the Palm Springs City Council on December 10, 2025 and adopted at a regular meeting of the City Council held on __________ by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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Ordinance No. ____

Page 3 ends

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ___ day of __________, 202_.

BRENDA PREE, CITY CLERK

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Ordinance No. ____

Page 3 ends

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A-1
EXHIBIT “A”

RATE AND METHOD OF APPORTIONMENT FOR

THE CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2025-1
(SERENA PARK)

CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA IMPROVEMENT AREA NO. 1
A Special Tax (all capitalized terms are defined in Section A, “Definitions”, below) shall be applicable to each Parcel of Taxable Property located within the boundaries of Improvement Area No. 1 of the CFD.

The amount of Special Tax to be levied in each Fiscal Year, on a Parcel, shall be determined by the City Council of The City of Palm Springs, acting in its capacity as the legislative body of the CFD by applying the appropriate Special Tax for Developed Property, Approved Property, Undeveloped Property, Public Property, and/or Property Owners’ Association Property that is not Exempt Property as set forth in Sections B, C, and D, below. All of the real property within Improvement Area No. 1, unless exempted by law or by the provisions hereof in Section E, 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:
“Acre” or “Acreage” means the acreage of a Parcel as indicated on the most recent Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area shown on the applicable Final Map, parcel map, condominium plan, or other similar instrument. “Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Part 1 of Division 2 of Title 5 of the California Government Code of the State of California. “Administrative Expenses” means all actual or reasonably estimated costs and expenses of the City related to Improvement Area No. 1 that are chargeable or allocable to carry out its duties as the administrator as allowed by the Act, which shall include without limitation, all costs and expenses arising out of or resulting from the annual levy and collection of the Special Tax, trustee fees, rebate compliance calculation fees, any litigation involving the CFD, continuing disclosure undertakings of the City as imposed by applicable laws and regulations, communication with bondholders and normal administrative expenses.
“Administrator” means an official of the City, or designee thereof, responsible for determining the annual amount of the levy and collection of the Special Taxes. “Approved Property” means all Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to the January 1st preceding the Fiscal Year in which the Special Tax is being levied, and (ii) that have not been issued a Building Permit on or prior to the April 1st preceding the Fiscal Year in which the Special Tax is being levied.
“Assessor’s Parcel Map” means an official map of the Assessor of the County of Riverside designating parcels by Assessor’s Parcel number.

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“Assigned Special Tax” means the Special Tax for each Land Use Category of Developed Property, as determined in accordance with Section C.1.a., below.
“Backup Special Tax” means the Special Tax amount set forth in Section C.1.b., below. “Bonds” means any bonds or other indebtedness (as defined in the Act), whether in one or more series, issued by the CFD and secured by the levy of Improvement Area No. 1 Special Taxes. “Boundary Map” means a recorded map, as amended, of the CFD which indicates the boundaries of Improvement Area No. 1 of the CFD.
“Building Permit” means the first legal document issued by a local agency giving official permission for new construction. For purposes of this definition, “Building Permit” may or may not include any subsequent building permits issued or changed after the first issuance, as determined by the Administrator.
“CFD” means Community Facilities District No. 2025-1 (Serena Park) of The City of Palm Springs established pursuant to the Act.
“City” means The City of Palm Springs.
“City Council” means the City Council of The City of Palm Springs. “County” means the County of Riverside.
“Developed Property” means all Parcels of Taxable Property that are included in a Final Map that was recorded prior to January 1st preceding the Fiscal Year in which the Special Tax is being levied and for which a Building Permit for new construction has been issued on or prior to April 1st preceding the Fiscal Year in which the Special Tax is being levied. “Dwelling Unit” or “(D/U)” means a residential unit that is offered for sale (and not for rent) that is used or permitted to be used as a domicile by one or more persons, as determined by the Administrator.
“Exempt Property” means any Parcel which is exempt from Special Taxes pursuant to Section E below.
“Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 4285 that creates individual lots for which Building Permits may be issued without further subdivision. “Fiscal Year” means the 12 month period starting on July 1 of any calendar year and ending on the following June 30.
“Improvement Area No. 1” or “IA No. 1” means the property in the CFD designated as Improvement Area No. 1 on the Boundary Map.
“Indenture” means the bond indenture, fiscal agent agreement, trust 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.

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“Land Use Category” means any of the categories listed in Table 1. “MAI Certified Appraiser” or “Appraiser” means a certified appraiser and member of the Appraisal Institute who has met strict testing, standards and experience requirements. “Maximum Special Tax” means for each Parcel, the maximum Special Tax, determined in accordance with Section C, which can be levied in any Fiscal Year on such Parcel. “Minimum Sale Price” means the minimum price at which Dwelling Units of a given Land Use Category have sold or are expected to be sold in a normal marketing environment and shall not include prices for such Dwelling Units that are sold at a discount to expected sales prices for the purpose of stimulating the initial sales activity with respect to such Land Use Category. No incentives or discounts offered by the seller will be deducted from expected or sold home prices. “Other Property” means all Parcels of Developed Property for which a Building Permit was issued for any type of use other than Single Family Property.
“Parcel(s)” means a lot or parcel shown on an Assessor’s Parcel Map located in Improvement Area No. 1.
“Price Point Consultant” means any consultant or firm of such consultants selected by the CFD that (a) has substantial experience in performing price point studies for Residential Property within community facilities districts established under the Act or otherwise estimating or confirming pricing for Dwelling Units of Residential Property in such community facilities districts, (b) has recognized expertise in analyzing economic and real estate data that relates to the pricing of Dwelling Units of Residential Property in such community facilities districts, (c) is in fact independent and not under the control of the CFD or the City, (d) does not have any substantial interest, direct or indirect, with or in (i) the CFD, (ii) the City, (iii) any owner of real property in the CFD, or (iv) any real property in the CFD, and (e) is not connected with the CFD or the City as an officer or employee thereof, but who may be regularly retained to make reports to the CFD or the City. “Price Point Study” means a price point study or a letter updating a previous price point study prepared by the Price Point Consultant pursuant to Section C.5 herein. “Property Owners’ Association Property” means all Parcels which, as of July 1st of the Fiscal Year in which the Special Tax is being levied, have been conveyed, dedicated to, or irrevocably offered for dedication to a property owner association, including any master or sub-association. “Proportionately” means for Taxable Property that is (i) Developed Property, that the ratio of the actual Special Tax levy to the Assigned Special Tax is the same for all Parcels of Developed Property, (ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Approved Property, and (iii) Undeveloped Property, Public Property, and Property Owners’ Association Property, that the ratio of the actual Special Tax levy per acre to the Maximum Special Tax per acre is the same for all Parcels of Undeveloped Property, Public Property, and Property Owners’ Association Property.
“Public Property” means all Parcels which, as of July 1st of the Fiscal Year in which the Special Tax is being levied, are used for rights-of-way or any other purpose and is owned by, dedicated to, or irrevocably offered for dedication to the federal government, the State of California, the County, or any other local jurisdiction, provided, however, that any property leased by a public agency to a

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private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified according to its use.
“Rate and Method” means this Rate and Method of Apportionment of Special Tax for Improvement Area No. 1 of Community Facilities District No. 2025-1 (Serena Park) of The City of Palm Springs. “Residential Floor Area” means all of the square footage of living area of a residential structure, not including any carport, walkway, garage, overhang, patio, enclosed patio or similar area on a Parcel.

The determination of Residential Floor Area shall be made by reference to the original Building Permit issued for the Parcel or, if the Building Permit is not available by reference to a similar official document as selected by the Administrator.
“Residential Property” means all Parcels of Developed Property for which a Building Permit has been issued for purposes of constructing one or more Dwelling Units. “Single Family Property” means all Parcels of Residential Property. “Special Tax(es)” means the special tax to be levied in each Fiscal Year pursuant to the Rate and Method on each Parcel of Taxable Property in accordance with Section D. “Special Tax Requirement” means that amount required in any Fiscal Year: (i) to pay annual debt service on all outstanding Bonds due in the calendar year which commences in such Fiscal Year; (ii) to pay periodic costs on the Bonds, including but not limited to, credit enhancement and rebate payments on the Bonds; (iii) to pay Administrative Expenses; (iv) to pay any anticipated shortfall due based on Special Tax delinquencies in the prior Fiscal Year; (v) to establish or replenish any reserve funds for the outstanding Bonds or with respect to Bonds expected to be issued in such Fiscal Year; (vi) until the final series of Bonds are issued as determined by the City Council, to pay directly for acquisition or construction of the facilities eligible under the Act, provided that the inclusion of such amount does not increase the levy of Special Tax on Approved Property or Undeveloped Property as set forth in Step 2 or Step 3 of section D below; less (vii) a credit for funds available to reduce the annual Special Tax levy as determined pursuant to the Indenture as determined by the Administrator.
“Taxable Property” means all Parcels for which the Special Taxes have not been prepaid in full pursuant to Section H. or that are not exempt from the Special Tax pursuant to law or Section E. “Taxable Unit” means either a Dwelling Unit or an Acre, as shown in Table 1. “Total Tax Burden” means for any Dwelling Unit, the annual Special Tax, together with ad valorem property taxes, special assessments, special taxes for any overlapping community facilities district, and any other taxes, fees, and charges which are levied and imposed on such Dwelling Unit and the real property on which it is located and collected by the County on ad valorem tax bills and which are secured by such Dwelling Unit and the real property on which it is located, assuming such Dwelling Unit had been completed, sold, and subject to such levies and impositions, excluding PACE Charges (or any other charge entered into voluntarily by the property owner) and service charges such as those related to sewer and trash.
“Undeveloped Property” means all Parcels of Taxable Property not classified as Developed Property, Approved Property, Public Property, or Property Owners’ Association Property.

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B. ASSIGNMENT TO LAND USE CATEGORY
Each Fiscal Year, commencing with the 2026-2027 Fiscal Year, all Parcels of Taxable Property shall be classified as Developed Property, Approved Property, Undeveloped Property, Public Property, and/or Property Owners’ Association Property, and subject to the levy of Special Taxes in accordance with this Rate and Method as determined pursuant to Sections C and D.

Parcels of Developed Property shall further be classified as Residential Property or Other Property.

Parcels of Residential Property shall further be classified as Single Family Property. Parcels of Single Family Property shall be further categorized into Land Use Categories based on the Residential Floor Area for such Parcel.

C. MAXIMUM SPECIAL TAX RATE

1. Developed Property
The Maximum Special Tax for each Parcel of Single Family Property shall be the greater of: (i) the applicable Assigned Special Tax described in Table 1 or (ii) the amount derived by application of the Backup Special Tax.

The Maximum Special Tax for each Parcel of Other Property shall be the Assigned Special Tax described in Table 1.

On each July 1, commencing July 1, 2026, the Maximum Special Tax shall be increased by an amount equal to two percent (2.0%) of the amount in effect for the previous Fiscal Year. July 1, 2043 shall be the final year the Maximum Special Tax increases. Following the Fiscal Year 2043-2044, the Maximum Special Tax shall not increase from the amount in effect for Fiscal Year 2043-2044. a. Assigned Special Tax
The Assigned Special Tax for each Parcel of Developed Property is shown in Table 1.

TABLE 1
Assigned Special Taxes for Developed Property
Fiscal Year 2025-2026
Land Use Category
Taxable
Unit Residential Floor Area
Assigned Special Tax
Per Taxable Unit

1. Single Family Property D/U Less than 2,100 sq. ft. $3,825

2. Single Family Property D/U 2,100 sq. ft. – 2,299 sq. ft. $4,110

3. Single Family Property D/U Greater than 2,299 sq. ft. $4,425

4. Other Property Acre N/A $33,834
On each July 1, commencing July 1, 2026, the Assigned Special Tax shall be increased by an amount equal to two percent (2.0%) of the amount in effect for the previous Fiscal Year. July 1, 2043 shall be the final year the Assigned Special Tax increases. Following the Fiscal Year 2043-2044, the Assigned Special Tax shall not increase from the amount in effect for Fiscal Year 2043-2044.

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b. Backup Special Tax
When a Final Map is recorded, the Backup Special Tax for a Parcel classified or to be classified as Single Family Property within such Final Map shall be determined by multiplying the Undeveloped Property Maximum Special Tax per Acre by the total Acreage of Taxable Property within such Final Map, excluding the Acreage associated with (i) Public Property and/or Property Owners’ Association Property that is not Exempt Property pursuant to Section E and (ii) Other Property, , and dividing such amount by the number of Parcels within such Final Map classified as either (i) Single Family Property or (ii) Approved Property for which a Building Permit is expected to be issued for Single Family Property (i.e., the number of residential lots).

A Parcel that does not have any changes made to it after the initial assignment of the Backup Special Tax shall not be increased if other Parcels in a Final Map are changed. Prior to the issuance of Bonds, if Parcels classified or to be classified as Single Family Property are subsequently changed or modified by recordation of a lot line adjustment or similar instrument, then the Backup Special Tax shall be recalculated for the area that has been changed or modified using the methodology described in the preceding paragraph. Following the issuance of Bonds, no adjustments shall be made to the Backup Special Tax for any Parcel which would result in the reduction of debt service coverage, as projected at the time of Bond issuance.

The Backup Special Tax shall not apply to Other Property, Public Property, or Property Owners’ Association Property.

On each July 1, commencing July 1, 2026, the Backup Special Tax shall be increased by an amount equal to two percent (2.0%) of the amount in effect for the previous Fiscal Year. July 1, 2043 shall be the final year the Backup Special Tax increases. Following the Fiscal Year 2043-2044, the Backup Special Tax shall not increase from the amount in effect for Fiscal Year 2043-2044.

2. Approved Property
The Maximum Special Tax for each Parcel of Approved Property expected to be classified as Single Family Property shall be the Backup Special Tax computed pursuant to Section C.1.b above.

The Maximum Special Tax for each Parcel of Approved Property expected to be classified as Other Property shall be $33,834 per Acre.

3. Undeveloped Property
The Maximum Special Tax for each Parcel of Undeveloped Property is shown in Table 2 below.

TABLE 2
Undeveloped Property Maximum Special Tax
Fiscal Year 2025-2026
Maximum Special Tax Per Acre
$33,834

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4. Public Property and/or Property Owners’ Association Property that is not Exempt Property pursuant to the provisions of Section E.

The Maximum Special Tax for each Parcel of Public Property and/or Property Owners Association Property that is not Exempt Property shall be equal to the product of the applicable Undeveloped Property Maximum Special Tax rate per Acre in Table 2 multiplied by the Acreage of such Parcel.

5. Special Tax Reduction Prior to Issuance of First Series of Bonds.

Prior to the issuance of the first series of Bonds, the CFD shall do one of the following 1) select and engage a Price Point Consultant, where the Price Point Consultant shall prepare a Price Point Study setting forth the Minimum Sale Price of Dwelling Units within each Land Use Category of Residential Property or 2) select and engage a MAI Certified Appraiser, where the MAI Certified Appraiser shall prepare an appraisal setting forth at least the minimum market value of Dwelling Units within each Land Use Category of Residential Property. If, based upon such Price Point Study or appraisal, the Administrator calculates that the Total Tax Burden applicable to Dwelling Units within one or more Land Use Category of Residential Property to be constructed within the CFD exceeds 2.00% of the Minimum Sale Price of such Taxable Units, the Special Tax within such Land Use Category of Residential Property shall be reduced to the extent necessary to cause the Total Tax Burden applicable to Dwelling Units within such Land Use Category(ies) not to exceed 2.00% of the Minimum Sale Price of such Taxable Units. Each Special Tax reduction for a Land Use Category shall be calculated by the Administrator separately, and it shall not be required that such reduction be proportionate among Land Use Categories.

If the Special Tax for any Land Use Category is reduced pursuant to the preceding paragraph, the Administrator shall calculate a reduced Maximum Special Tax for Other Property and Undeveloped Property, as well as a reduced Backup Special Tax for Developed Property. The revised Backup Special Tax shall be equal to the Maximum Special Tax as set forth in Table 1, reduced by a percentage equal to the weighted average percentage reduction in the Special Tax for all Land Use Categories of Residential Property. The weighted average percentage will be calculated by taking the sum of the products of the number of Taxable Units constructed or expected to be constructed in each Land Use Category multiplied by the percentage change in the Special Tax for each Land Use Category (or 0 for Land Use Categories that are not changing). This amount is then divided by the total number of Dwelling Units constructed or expected to be constructed and converted to a percentage. The reduced Maximum Special Tax shall be used to compute the reduced Backup Special Tax. Following the issuance of Bonds, no adjustments shall be made to the Backup Special Tax for any Parcel which would result in the reduction of debt service coverage, as projected at the time of Bond issuance.

The Special Tax reductions, if required pursuant to this section, shall be reflected in an amended notice of Special Tax lien, which the CFD shall cause to be recorded by executing a certificate in substantially the form attached herein as Exhibit B.

D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX

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Commencing with Fiscal Year 2026-2027 and for each following Fiscal Year, the City Council shall levy the Special Tax on all Taxable Property until the amount of Special Taxes equals the applicable Special Tax Requirement in accordance with the following steps:

First: The Special Tax shall be levied Proportionately on each Parcel of Developed Property at up to 100% of the applicable Assigned Special Tax rate as needed to satisfy the Special Tax Requirement; Second: If additional moneys are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Parcel of Approved Property at up to 100% of the Maximum Special Tax for Approved Property; Third: If additional moneys 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 Parcel of Undeveloped Property at up to 100% of the Maximum Special Tax for Undeveloped Property; Fourth: If additional moneys are needed to satisfy the Special Tax Requirement after the first three steps have been completed, the Special Tax to be levied on each Parcel of Developed Property for which the Maximum Special Tax is derived by the application of the Backup Special Tax shall be increased in equal percentages from the Assigned Special Tax up to the Maximum Special Tax for such Parcel;
Fifth: If additional moneys are needed to satisfy the Special Tax Requirement after the first four steps have been completed, the Special Tax shall be levied Proportionately on each Parcel of Taxable Property that is Public Property or Property Owners’ Association Property at up to 100% of the Maximum Special Tax for such Parcel.

Notwithstanding the above, under no circumstances will the Special Taxes levied in any Fiscal Year against any Parcel of Residential Property as a result of a delinquency in the payment of the Special Tax applicable to any other Parcel be increased by more than ten percent (10%) above the amount that would have been levied in that Fiscal Year had there never been any such delinquency or default.

E. EXEMPTIONS
The Administrator shall classify as Exempt Property all Parcels of (i) Public Property or (ii) Property Owners’ Association Property; provided that such classification shall not reduce the Acreage of all Taxable Property of the CFD to fewer than 16.07 Acres. The Administrator shall not classify a Parcel of Public Property or Property Owners’ Association Property as Exempt Property if such classification would reduce the Acreage of all Parcels of Taxable Property to fewer than 16.07 Acres. Such Parcels that cannot be classified as Exempt Property because such classification would reduce the Acreage of all Parcels of Taxable Property to fewer than 16.07 Acres will be classified as Property Owners’ Association Property or Public Property and will continue to be subject to Special Taxes. The Administrator shall classify such Parcels as Exempt Property in the chronological order in which property becomes Public Property or Property Owners’ Association Property.

F. MANNER OF COLLECTION

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The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes and shall be subject to the same penalties, the same procedure, sale and lien priority in the case of delinquency; provided, however, that the Administrator may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations of Improvement Area No. 1, and provided further that the CFD may covenant to foreclose and may actually foreclose on Parcels having delinquent Special Taxes as permitted by the Act.

G. APPEALS
Any taxpayer may file a written appeal of the Special Tax on his/her Parcel(s) with the Administrator, provided that the appellant is current in his/her payments of Special Taxes. During pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The Administrator shall review the appeal, meet with the appellant if the Administrator deems necessary, and advise the appellant of its determination. If the Administrator agrees with the appellant, the Administrator shall grant a credit to eliminate or reduce future Special Taxes on the appellant’s Parcel(s). No refunds of previously paid Special Taxes shall be made.

The Administrator shall interpret this Rate and Method and make determinations relative to the annual levy and administration of the Special Tax and any taxpayer who appeals, as herein specified.

The City Council may interpret this Rate and Method for purposes of clarifying any ambiguity and make determinations relative to the amount of Administrative Expenses.

H. PREPAYMENT OF SPECIAL TAX
The following definitions apply to this Section H:
“CFD Public Facilities” means $9,690,276, expressed in 2025 dollars, which shall increase by the Construction Inflation Index on July 1, 2026, and on each July 1 thereafter, or such lower number as (i) shall be determined by the Administrator as sufficient to provide the public facilities under the authorized bonding program, or (ii) shall be determined by the City Council concurrently with a covenant that the CFD will not issue any more Bonds.
“Construction Fund” means, collectively, an account specifically identified in the Indenture to hold funds which are currently available for expenditure to acquire or construct public facilities eligible under the Act and any account established prior to the issuance of Bonds for such purpose. “Construction Inflation Index” means the annual percentage change in the Engineering NewsRecord 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 Administrator that is reasonably comparable to the Engineering News-Record Building Cost Index for the City of Los Angeles. “Future Facilities Costs” means the CFD Public Facilities minus (i) Bond proceeds deposited in Construction Funds and accounts and (ii) other amounts (special taxes, interest earnings, etc.)

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allocated to Construction Funds and accounts that were available to fund such CFD Public Facilities prior to the date of prepayment, but not less than $0.
“Outstanding Bonds” means all previously issued Bonds, which will remain outstanding after the payment of principal from the amount of Special Taxes that have been levied, excluding Bonds to be redeemed at a later date with the proceeds of prior prepayments of Maximum Special Taxes.

1. Prepayment in Full
The Maximum Special Tax obligation may be prepaid and permanently satisfied for (i) Parcels of Developed Property, (ii) Parcels of Approved Property or Undeveloped Property for which a Building Permit has been issued, (iii) Approved Property or Undeveloped Property for which a Building Permit has not been issued, and (iv) Parcels of Public Property or Property Owners’ Association Property that are not Exempt Property pursuant to Section E. The Maximum Special Tax obligation applicable to a Parcel may be fully prepaid and the obligation to pay the Special Tax for such Parcel permanently satisfied as described herein; provided that a prepayment may be made only if there are no delinquent Special Taxes with respect to such Parcel at the time of prepayment. An owner of a Parcel intending to prepay the Maximum Special Tax obligation for such Parcel shall provide the Administrator with written notice of intent to prepay, and within 5 business days of receipt of such notice, the Administrator shall notify such owner of the amount of the non-refundable deposit determined to cover the cost to be incurred by the CFD in calculating the Prepayment Amount (as defined below) for the Parcel. Within 15 days of receipt of such non-refundable deposit, the Administrator shall notify such owner of the Prepayment Amount for the Parcel. Prepayment must be made not less than 60 days prior to the redemption date for any Bonds to be redeemed with the proceeds of such prepaid Special Taxes.

The Prepayment Amount (defined below) shall be calculated as follows (capitalized terms are defined below):

Bond Redemption Amount
plus Redemption Premium
plus Future Facilities Amount
plus Defeasance Amount
plus Administrative Fees and Expenses
less Reserve Fund Credit
Equals: Prepayment Amount
The Prepayment Amount shall be determined as of the proposed prepayment date as follows:

1. Confirm that no Special Tax delinquencies apply to such Parcel.

2. For a Parcel of Developed Property, compute the Maximum Special Tax for the Parcel. For a Parcel of Approved Property or Undeveloped Property for which a Building Permit has been issued, compute the Maximum Special Tax for the Parcel as though it was already designated as Developed Property, based upon the Building Permit which has been issued for the Parcel. For a Parcel of Approved Property or Undeveloped Property for which a Building Permit has not been issued, Public Property or Property Owners’ Association Property to be prepaid, compute the Maximum Special Tax for the Parcel.

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3. Divide the Maximum Special Tax derived pursuant to paragraph 2 by the total amount of Special Taxes that could be levied at the Maximum Special Tax at build out of all Parcels of Taxable Property based on the applicable Maximum Special Tax for Parcels of Developed Property not including any Parcels for which the Special Tax obligation has been previously prepaid.

4. Multiply the quotient derived pursuant to paragraph 3 by the principal amount of the Outstanding Bonds to determine the amount of Outstanding Bonds to be redeemed with the Prepayment Amount (the “Bond Redemption Amount”).

5. Multiply the Bond Redemption Amount by the applicable redemption premium, if any, on the Outstanding Bonds to be redeemed (the “Redemption Premium”).

6. Determine the Future Facilities Costs.

7. Multiply the quotient derived pursuant to paragraph 3 by the amount determined pursuant to paragraph 6 to determine the amount of Future Facilities Costs for the Parcel (the “Future Facilities Amount”).

8. Determine 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 on which Bonds can be redeemed from Special Tax prepayments.

9. Determine the Special Taxes levied on the Parcel in the current Fiscal Year which have not yet been paid.

10. Determine the amount the Administrator reasonably expects to derive from the investment of the Bond Redemption Amount and the Redemption Premium from the date of prepayment until the redemption date for the Outstanding Bonds to be redeemed with the Prepayment Amount.

11. Add the amounts derived pursuant to paragraphs 8 and 9 and subtract the amount derived pursuant to paragraph 10 (the “Defeasance Amount”).

12. Verify the administrative fees and expenses of the CFD, including the cost of computation of the Prepayment Amount, the cost to invest the Prepayment Amount, the cost of redeeming the Outstanding Bonds, and the cost of recording notices to evidence the prepayment of the Maximum Special Tax obligation for the Parcel and the redemption of Outstanding Bonds (the “Administrative Fees and Expenses”).

13. The reserve fund credit (the “Reserve Fund Credit”) shall equal the lesser of: (a) the expected reduction in the reserve requirement (as defined in the Indenture), if any, associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirement (as defined in the Indenture) in effect after the redemption of Outstanding Bonds as a result of the prepayment from the balance in the reserve fund on the prepayment date, but in no event shall such amount be less than zero.

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14. The Prepayment Amount is equal to the sum of the Bond Redemption Amount, the Redemption Premium, the Future Facilities Amount, the Defeasance Amount and the Administrative Fees and Expenses, less the Reserve Fund Credit.

15. From the Prepayment Amount, the Bond Redemption Amount, the Redemption Premium, and Defeasance Amount shall be deposited into the appropriate fund as established under the Indenture and be used to redeem Outstanding Bonds or make debt service payments. The Future Facilities Amount shall be deposited into the Construction Fund. The Administrative Fees and Expenses shall be retained by the CFD.

The Prepayment Amount may be sufficient to redeem other than a $5,000 increment of Bonds. In such event, the increment above $5,000 or an integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next redemption from other Special Tax prepayments of Outstanding Bonds or to make debt service payments.

As a result of the payment of the current Fiscal Year’s Special Tax levy as determined pursuant to paragraph 9 above, the Administrator shall remove the current Fiscal Year’s Special Tax levy for the Parcel from the County tax roll. With respect to any Parcel for which the Maximum Special Tax obligation is prepaid, the City Council shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of Maximum Special Tax obligation and the release of the Special Tax lien for the Parcel, and the obligation to pay the Special Tax for such Parcel shall cease.

Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the amount of Maximum Special Taxes that may be levied on all Parcels of Taxable Property after the proposed prepayment will be at least 1.1 times maximum annual debt service on the Bonds that will remain outstanding after the prepayment plus the estimated annual Administrative Expenses.

Tenders of Bonds in prepayment of the Maximum Special Tax obligation may be accepted upon the terms and conditions established by the City Council pursuant to the Act. However, the use of Bond tenders shall only be allowed on a case-by-case basis as specifically approved by the City Council.

2. Prepayment in Part
The Maximum Special Tax obligation for a Parcel of Developed Property, Approved Property or Undeveloped Property may be partially prepaid. For purposes of determining the partial prepayment amount, the provisions of Section H.1 shall be modified as provided by the following formula:

PP = ((PE –A) x F) +A
These terms have the following meaning:

PP = Partial Prepayment
PE = the Prepayment Amount calculated according to Section H.1 F = the percent by which the owner of the Parcel(s) is partially prepaying the Maximum Special Tax obligation
A = the Administrative Fees and Expenses determined pursuant to Section H.1

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The owner of a Parcel who desires to partially prepay the Maximum Special Tax obligation for the Parcel shall notify the Administrator of (i) such owner’s intent to partially prepay the Maximum Special Tax obligation, (ii) the percentage of the Maximum Special Tax obligation such owner wishes to prepay, and (iii) the company or agency that will be acting as the escrow agent, if any. Within 5 days of receipt of such notice, the Administrator shall notify such property owner of the amount of the non-refundable deposit determined to cover the cost to be incurred by the CFD in calculating the amount of a partial prepayment. Within 15 business days of receipt of such non-refundable deposit, the Administrator shall notify such owner of the amount of the Partial Prepayment for the Parcel. A Partial Prepayment must be made not less than 60 days prior to the redemption date for the Outstanding Bonds to be redeemed with the proceeds of the Partial Prepayment.

With respect to any Parcel for which the Maximum Special Tax obligation is partially prepaid, the Administrator shall (i) distribute the Partial Prepayment as provided in Paragraph 15 of Section H.1, and (ii) indicate in the records of the CFD that there has been a Partial Prepayment for the Parcel and that a portion of the Special Tax obligation equal to the remaining percentage (1.00 - F) of Special Tax obligation will continue on the Parcel pursuant to Section D.

I. TERM OF THE SPECIAL TAX
The Special Tax shall not be levied after the 2065-2066 Fiscal Year.

J. INTERPRETATIONS
The City Council may interpret this Rate and Method by ordinance or resolution for purposes of clarifying any vagueness or ambiguity. Any decision of the City Council shall be final and binding as to all persons.

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“EXHIBIT B”

CERTIFICATE OF MODIFICATION OF SPECIAL TAX
CITY OF PALM SPRINGS AND CFD NO. 2025-1 (SERENA PARK) IMPROVEMENT AREA NO. 1 CERTIFICATE Pursuant to Section C of the Rate and Method of Apportionment of Special Tax for Community Facilities District No. 2025-1 (Serena Park) of the City of Palm Springs (“CFD No. 2025-1”), the Special Tax for Residential Property and Other Property within CFD No. 2025-1 has been modified.

The information in Table 1 relating to the Special Tax for Developed Property within CFD No. 2025-1, as stated in Section C.1. of the Rate and Method of Apportionment, has been modified as follows:

Developed Property
The Maximum Special Tax for each Parcel of Single Family Property shall be the greater of: (i) the applicable Assigned Special Tax described in Table 1 or (ii) the amount derived by application of the Backup Special Tax.

The Maximum Special Tax for each Parcel of Other Property shall be the Assigned Special Tax described in Table 1.

On each July 1, commencing July 1, 2026, the Maximum Special Tax shall be increased by an amount equal to two percent (2.0%) of the amount in effect for the previous Fiscal Year. July 1, 2043 shall be the final year the Maximum Special Tax increases. Following the Fiscal Year 2043-2044, the Maximum Special Tax shall not increase from the amount in effect for Fiscal Year 2043-2044. a. Assigned Special Tax
The Assigned Special Tax for each Parcel of Developed Property is shown in Table 1.

TABLE 1
Assigned Special Taxes for Developed Property
Fiscal Year 20__-20__
Land Use Category
Taxable
Unit Residential Floor Area
Assigned Special Tax
Per Taxable Unit

1. Single Family Property D/U Less than 2,100 sq. ft. $________

2. Single Family Property D/U 2,100 sq. ft. – 2,299 sq. ft. $________

3. Single Family Property D/U Greater than 2,299 sq. ft. $________

4. Other Property Acre N/A $________

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CERTIFICATE OF MODIFICATION OF SPECIAL TAX
By execution hereof, the undersigned acknowledge, on behalf of the District and CFD No. 2025-1, receipt of this certificate and modification of the Rate and Method of Apportionment of Special Tax as set forth in this certificate.

CITY OF PALM SPRINGS
IMPROVEMENT AREA NO. 1 OF COMMUNITY FACILITIES DISTRICT NO. 2025-1 (SERENA PARK) By:_________________________________ Date:______________________

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EXHIBIT “B”

RATE AND METHOD OF APPORTIONMENT FOR

THE CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2025-1
(SERENA PARK)

CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA IMPROVEMENT AREA NO. 2
A Special Tax (all capitalized terms are defined in Section A, “Definitions”, below) shall be applicable to each Parcel of Taxable Property located within the boundaries of Improvement Area No. 2 of the CFD.

The amount of Special Tax to be levied in each Fiscal Year, on a Parcel, shall be determined by the City Council of The City of Palm Springs, acting in its capacity as the legislative body of the CFD by applying the appropriate Special Tax for Developed Property, Approved Property, Undeveloped Property, Public Property, and/or Property Owners’ Association Property that is not Exempt Property as set forth in Sections B, C, and D, below. All of the real property within Improvement Area No. 2, unless exempted by law or by the provisions hereof in Section E, 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:
“Acre” or “Acreage” means the acreage of a Parcel as indicated on the most recent Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area shown on the applicable Final Map, parcel map, condominium plan, or other similar instrument. “Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Part 1 of Division 2 of Title 5 of the California Government Code of the State of California. “Administrative Expenses” means all actual or reasonably estimated costs and expenses of the City related to Improvement Area No. 2 that are chargeable or allocable to carry out its duties as the administrator as allowed by the Act, which shall include without limitation, all costs and expenses arising out of or resulting from the annual levy and collection of the Special Tax, trustee fees, rebate compliance calculation fees, any litigation involving the CFD, continuing disclosure undertakings of the City as imposed by applicable laws and regulations, communication with bondholders and normal administrative expenses.
“Administrator” means an official of the City, or designee thereof, responsible for determining the annual amount of the levy and collection of the Special Taxes. “Approved Property” means all Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to the January 1st preceding the Fiscal Year in which the Special Tax is being levied, and (ii) that have not been issued a Building Permit on or prior to the April 1st preceding the Fiscal Year in which the Special Tax is being levied.

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“Assessor’s Parcel Map” means an official map of the Assessor of the County of Riverside designating parcels by Assessor’s Parcel number.
“Assigned Special Tax” means the Special Tax for each Land Use Category of Developed Property, as determined in accordance with Section C.1.a., below.
“Backup Special Tax” means the Special Tax amount set forth in Section C.1.b., below. “Bonds” means any bonds or other indebtedness (as defined in the Act), whether in one or more series, issued by the CFD and secured by the levy of Improvement Area No. 2 Special Taxes. “Boundary Map” means a recorded map, as amended, of the CFD which indicates the boundaries of Improvement Area No. 2 of the CFD.
“Building Permit” means the first legal document issued by a local agency giving official permission for new construction. For purposes of this definition, “Building Permit” may or may not include any subsequent building permits issued or changed after the first issuance, as determined by the Administrator.
“CFD” means Community Facilities District No. 2025-1 (Serena Park) of The City of Palm Springs established pursuant to the Act.
“City” means The City of Palm Springs.
“City Council” means the City Council of The City of Palm Springs. “County” means the County of Riverside.
“Developed Property” means all Parcels of Taxable Property that are included in a Final Map that was recorded prior to January 1st preceding the Fiscal Year in which the Special Tax is being levied and for which a Building Permit for new construction has been issued on or prior to April 1st preceding the Fiscal Year in which the Special Tax is being levied. “Dwelling Unit” or “(D/U)” means a residential unit that is offered for sale (and not for rent) that is used or permitted to be used as a domicile by one or more persons, as determined by the Administrator.
“Exempt Property” means any Parcel which is exempt from Special Taxes pursuant to Section E below.
“Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 4285 that creates individual lots for which Building Permits may be issued without further subdivision. “Fiscal Year” means the 12 month period starting on July 1 of any calendar year and ending on the following June 30.
“Improvement Area No. 2” or “IA No. 2” means the property in the CFD designated as Improvement Area No. 2 on the Boundary Map.

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“Indenture” means the bond indenture, fiscal agent agreement, trust 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 Category” means any of the categories listed in Table 1. “MAI Certified Appraiser” or “Appraiser” means a certified appraiser and member of the Appraisal Institute who has met strict testing, standards and experience requirements. “Maximum Special Tax” means for each Parcel, the maximum Special Tax, determined in accordance with Section C, which can be levied in any Fiscal Year on such Parcel. “Minimum Sale Price” means the minimum price at which Dwelling Units of a given Land Use Category have sold or are expected to be sold in a normal marketing environment and shall not include prices for such Dwelling Units that are sold at a discount to expected sales prices for the purpose of stimulating the initial sales activity with respect to such Land Use Category. No incentives or discounts offered by the seller will be deducted from expected or sold home prices. “Other Property” means all Parcels of Developed Property for which a Building Permit was issued for any type of use other than Single Family Property.
“Parcel(s)” means a lot or parcel shown on an Assessor’s Parcel Map located in Improvement Area No. 2.
“Price Point Consultant” means any consultant or firm of such consultants selected by the CFD that (a) has substantial experience in performing price point studies for Residential Property within community facilities districts established under the Act or otherwise estimating or confirming pricing for Dwelling Units of Residential Property in such community facilities districts, (b) has recognized expertise in analyzing economic and real estate data that relates to the pricing of Dwelling Units of Residential Property in such community facilities districts, (c) is in fact independent and not under the control of the CFD or the City, (d) does not have any substantial interest, direct or indirect, with or in (i) the CFD, (ii) the City, (iii) any owner of real property in the CFD, or (iv) any real property in the CFD, and (e) is not connected with the CFD or the City as an officer or employee thereof, but who may be regularly retained to make reports to the CFD or the City. “Price Point Study” means a price point study or a letter updating a previous price point study prepared by the Price Point Consultant pursuant to Section C.5 herein. “Property Owners’ Association Property” means all Parcels which, as of July 1st of the Fiscal Year in which the Special Tax is being levied, have been conveyed, dedicated to, or irrevocably offered for dedication to a property owner association, including any master or sub-association. “Proportionately” means for Taxable Property that is (i) Developed Property, that the ratio of the actual Special Tax levy to the Assigned Special Tax is the same for all Parcels of Developed Property, (ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Approved Property, and (iii) Undeveloped Property, Public Property, and Property Owners’ Association Property, that the ratio of the actual Special Tax levy per acre to the Maximum Special Tax per acre is the same for all Parcels of Undeveloped Property, Public Property, and Property Owners’ Association Property.

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“Public Property” means all Parcels which, as of July 1st of the Fiscal Year in which the Special Tax is being levied, are used for rights-of-way or any other purpose and is owned by, dedicated to, or irrevocably offered for dedication to the federal government, the State of California, the County, or any other local jurisdiction, provided, however, that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified according to its use.
“Rate and Method” means this Rate and Method of Apportionment of Special Tax for Improvement Area No. 2 of Community Facilities District No. 2025-1 (Serena Park) of The City of Palm Springs. “Residential Floor Area” means all of the square footage of living area of a residential structure, not including any carport, walkway, garage, overhang, patio, enclosed patio or similar area on a Parcel.

The determination of Residential Floor Area shall be made by reference to the original Building Permit issued for the Parcel or, if the Building Permit is not available by reference to a similar official document as selected by the Administrator.
“Residential Property” means all Parcels of Developed Property for which a Building Permit has been issued for purposes of constructing one or more Dwelling Units. “Single Family Property” means all Parcels of Residential Property. “Special Tax(es)” means the special tax to be levied in each Fiscal Year pursuant to the Rate and Method on each Parcel of Taxable Property in accordance with Section D. “Special Tax Requirement” means that amount required in any Fiscal Year: (i) to pay annual debt service on all outstanding Bonds due in the calendar year which commences in such Fiscal Year; (ii) to pay periodic costs on the Bonds, including but not limited to, credit enhancement and rebate payments on the Bonds; (iii) to pay Administrative Expenses; (iv) to pay any anticipated shortfall due based on Special Tax delinquencies in the prior Fiscal Year; (v) to establish or replenish any reserve funds for the outstanding Bonds or with respect to Bonds expected to be issued in such Fiscal Year; (vi) until the final series of Bonds are issued as determined by the City Council, to pay directly for acquisition or construction of the facilities eligible under the Act, provided that the inclusion of such amount does not increase the levy of Special Tax on Approved Property or Undeveloped Property as set forth in Step 2 or Step 3 of section D below; less (vii) a credit for funds available to reduce the annual Special Tax levy as determined pursuant to the Indenture as determined by the Administrator.
“Taxable Property” means all Parcels for which the Special Taxes have not been prepaid in full pursuant to Section H. or that are not exempt from the Special Tax pursuant to law or Section E. “Taxable Unit” means either a Dwelling Unit or an Acre, as shown in Table 1. “Total Tax Burden” means for any Dwelling Unit, the annual Special Tax, together with ad valorem property taxes, special assessments, special taxes for any overlapping community facilities district, and any other taxes, fees, and charges which are levied and imposed on such Dwelling Unit and the real property on which it is located and collected by the County on ad valorem tax bills and which are secured by such Dwelling Unit and the real property on which it is located, assuming such Dwelling Unit had been completed, sold, and subject to such levies and impositions, excluding PACE Charges (or any other charge entered into voluntarily by the property owner) and service charges such as those related to sewer and trash.

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“Undeveloped Property” means all Parcels of Taxable Property not classified as Developed Property, Approved Property, Public Property, or Property Owners’ Association Property.

B. ASSIGNMENT TO LAND USE CATEGORY
Each Fiscal Year, commencing with the 2026-2027 Fiscal Year, all Parcels of Taxable Property shall be classified as Developed Property, Approved Property, Undeveloped Property, Public Property, and/or Property Owners’ Association Property, and subject to the levy of Special Taxes in accordance with this Rate and Method as determined pursuant to Sections C and D.

Parcels of Developed Property shall further be classified as Residential Property or Other Property.

Parcels of Residential Property shall further be classified as Single Family Property. Parcels of Single Family Property shall be further categorized into Land Use Categories based on the Residential Floor Area for such Parcel.

C. MAXIMUM SPECIAL TAX RATE

1. Developed Property
The Maximum Special Tax for each Parcel of Single Family Property shall be the greater of: (i) the applicable Assigned Special Tax described in Table 1 or (ii) the amount derived by application of the Backup Special Tax.

The Maximum Special Tax for each Parcel of Other Property shall be the Assigned Special Tax described in Table 1.

On each July 1, commencing July 1, 2026, the Maximum Special Tax shall be increased by an amount equal to two percent (2.0%) of the amount in effect for the previous Fiscal Year. July 1, 2043 shall be the final year the Maximum Special Tax increases. Following the Fiscal Year 2043-2044, the Maximum Special Tax shall not increase from the amount in effect for Fiscal Year 2043-2044. a. Assigned Special Tax
The Assigned Special Tax for each Parcel of Developed Property is shown in Table 1.

TABLE 1
Assigned Special Taxes for Developed Property
Fiscal Year 2025-2026
Land Use Category
Taxable
Unit Residential Floor Area
Assigned Special Tax
Per Taxable Unit

1. Single Family Property D/U Less than 2,200 sq. ft. $4,265

2. Single Family Property D/U 2,200 sq. ft. – 2,349 sq. ft. $4,440

3. Single Family Property D/U 2,350 sq. ft. – 2,499 sq. ft. $4,615

4. Single Family Property D/U 2,500 sq. ft. – 2,649 sq. ft. $4,790

5. Single Family Property D/U 2,650 sq. ft. – 2,799 sq. ft. $4,965

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6. Single Family Property D/U Greater than 2,799 sq. ft. $5,400

7. Other Property Acre N/A $28,731
On each July 1, commencing July 1, 2026, the Assigned Special Tax shall be increased by an amount equal to two percent (2.0%) of the amount in effect for the previous Fiscal Year. July 1, 2043 shall be the final year the Assigned Special Tax increases. Following the Fiscal Year 2043-2044, the Assigned Special Tax shall not increase from the amount in effect for Fiscal Year 2043-2044. b. Backup Special Tax
When a Final Map is recorded, the Backup Special Tax for a Parcel classified or to be classified as Single Family Property within such Final Map shall be determined by multiplying the Undeveloped Property Maximum Special Tax per Acre by the total Acreage of Taxable Property within such Final Map, excluding the Acreage associated with (i) Public Property and/or Property Owners’ Association Property that is not Exempt Property pursuant to Section E and (ii) Other Property, , and dividing such amount by the number of Parcels within such Final Map classified as either (i) Single Family Property or (ii) Approved Property for which a Building Permit is expected to be issued for Single Family Property (i.e., the number of residential lots).

A Parcel that does not have any changes made to it after the initial assignment of the Backup Special Tax shall not be increased if other Parcels in a Final Map are changed. Prior to the issuance of Bonds, if Parcels classified or to be classified as Single Family Property are subsequently changed or modified by recordation of a lot line adjustment or similar instrument, then the Backup Special Tax shall be recalculated for the area that has been changed or modified using the methodology described in the preceding paragraph. Following the issuance of Bonds, no adjustments shall be made to the Backup Special Tax for any Parcel which would result in the reduction of debt service coverage, as projected at the time of Bond issuance.

The Backup Special Tax shall not apply to Other Property, Public Property, or Property Owners’ Association Property.

On each July 1, commencing July 1, 2026, the Backup Special Tax shall be increased by an amount equal to two percent (2.0%) of the amount in effect for the previous Fiscal Year. July 1, 2043 shall be the final year the Backup Special Tax increases. Following the Fiscal Year 2043-2044, the Backup Special Tax shall not increase from the amount in effect for Fiscal Year 2043-2044.

2. Approved Property
The Maximum Special Tax for each Parcel of Approved Property expected to be classified as Single Family Property shall be the Backup Special Tax computed pursuant to Section C.1.b above.

The Maximum Special Tax for each Parcel of Approved Property expected to be classified as Other Property shall be $28,731 per Acre.

3. Undeveloped Property
The Maximum Special Tax for each Parcel of Undeveloped Property is shown in Table 2 below.

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TABLE 2
Undeveloped Property Maximum Special Tax
Fiscal Year 2025-2026
Maximum Special Tax Per Acre
$28,731

4. Public Property and/or Property Owners’ Association Property that is not Exempt Property pursuant to the provisions of Section E.

The Maximum Special Tax for each Parcel of Public Property and/or Property Owners Association Property that is not Exempt Property shall be equal to the product of the applicable Undeveloped Property Maximum Special Tax rate per Acre in Table 2 multiplied by the Acreage of such Parcel.

5. Special Tax Reduction Prior to Issuance of First Series of Bonds.

Prior to the issuance of the first series of Bonds, the CFD shall do one of the following 1) select and engage a Price Point Consultant, where the Price Point Consultant shall prepare a Price Point Study setting forth the Minimum Sale Price of Dwelling Units within each Land Use Category of Residential Property or 2) select and engage a MAI Certified Appraiser, where the MAI Certified Appraiser shall prepare an appraisal setting forth at least the minimum market value of Dwelling Units within each Land Use Category of Residential Property. If, based upon such Price Point Study or appraisal, the Administrator calculates that the Total Tax Burden applicable to Dwelling Units within one or more Land Use Category of Residential Property to be constructed within the CFD exceeds 2.00% of the Minimum Sale Price of such Taxable Units, the Special Tax within such Land Use Category of Residential Property shall be reduced to the extent necessary to cause the Total Tax Burden applicable to Dwelling Units within such Land Use Category(ies) not to exceed 2.00% of the Minimum Sale Price of such Taxable Units. Each Special Tax reduction for a Land Use Category shall be calculated by the Administrator separately, and it shall not be required that such reduction be proportionate among Land Use Categories.

If the Special Tax for any Land Use Category is reduced pursuant to the preceding paragraph, the Administrator shall calculate a reduced Maximum Special Tax for Other Property and Undeveloped Property, as well as a reduced Backup Special Tax for Developed Property. The revised Backup Special Tax shall be equal to the Maximum Special Tax as set forth in Table 1, reduced by a percentage equal to the weighted average percentage reduction in the Special Tax for all Land Use Categories of Residential Property. The weighted average percentage will be calculated by taking the sum of the products of the number of Taxable Units constructed or expected to be constructed in each Land Use Category multiplied by the percentage change in the Special Tax for each Land Use Category (or 0 for Land Use Categories that are not changing). This amount is then divided by the total number of Dwelling Units constructed or expected to be constructed and converted to a percentage. The reduced Maximum Special Tax shall be used to compute the reduced Backup Special Tax. Following the issuance of Bonds, no adjustments shall be made to the Backup Special Tax for any Parcel which would result in the reduction of debt service coverage, as projected at the time of Bond issuance.

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The Special Tax reductions, if required pursuant to this section, shall be reflected in an amended notice of Special Tax lien, which the CFD shall cause to be recorded by executing a certificate in substantially the form attached herein as Exhibit B.

D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2026-2027 and for each following Fiscal Year, the City Council shall levy the Special Tax on all Taxable Property until the amount of Special Taxes equals the applicable Special Tax Requirement in accordance with the following steps:

First: The Special Tax shall be levied Proportionately on each Parcel of Developed Property at up to 100% of the applicable Assigned Special Tax rate as needed to satisfy the Special Tax Requirement; Second: If additional moneys are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Parcel of Approved Property at up to 100% of the Maximum Special Tax for Approved Property; Third: If additional moneys 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 Parcel of Undeveloped Property at up to 100% of the Maximum Special Tax for Undeveloped Property; Fourth: If additional moneys are needed to satisfy the Special Tax Requirement after the first three steps have been completed, the Special Tax to be levied on each Parcel of Developed Property for which the Maximum Special Tax is derived by the application of the Backup Special Tax shall be increased in equal percentages from the Assigned Special Tax up to the Maximum Special Tax for such Parcel;
Fifth: If additional moneys are needed to satisfy the Special Tax Requirement after the first four steps have been completed, the Special Tax shall be levied Proportionately on each Parcel of Taxable Property that is Public Property or Property Owners’ Association Property at up to 100% of the Maximum Special Tax for such Parcel.

Notwithstanding the above, under no circumstances will the Special Taxes levied in any Fiscal Year against any Parcel of Residential Property as a result of a delinquency in the payment of the Special Tax applicable to any other Parcel be increased by more than ten percent (10%) above the amount that would have been levied in that Fiscal Year had there never been any such delinquency or default.

E. EXEMPTIONS
The Administrator shall classify as Exempt Property all Parcels of (i) Public Property or (ii) Property Owners’ Association Property; provided that such classification shall not reduce the Acreage of all Taxable Property of the CFD to fewer than 16.57 Acres. The Administrator shall not classify a Parcel of Public Property or Property Owners’ Association Property as Exempt Property if such classification would reduce the Acreage of all Parcels of Taxable Property to fewer than 16.57 Acres. Such Parcels that cannot be classified as Exempt Property because such classification would reduce the Acreage of all Parcels of Taxable Property to fewer than 16.57 Acres will be classified as Property Owners’ Association Property or Public Property and will continue to be subject to Special Taxes. The

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Administrator shall classify such Parcels as Exempt Property in the chronological order in which property becomes Public Property or Property Owners’ Association Property.

F. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes and shall be subject to the same penalties, the same procedure, sale and lien priority in the case of delinquency; provided, however, that the Administrator may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations of Improvement Area No. 2, and provided further that the CFD may covenant to foreclose and may actually foreclose on Parcels having delinquent Special Taxes as permitted by the Act.

G. APPEALS
Any taxpayer may file a written appeal of the Special Tax on his/her Parcel(s) with the Administrator, provided that the appellant is current in his/her payments of Special Taxes. During pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The Administrator shall review the appeal, meet with the appellant if the Administrator deems necessary, and advise the appellant of its determination. If the Administrator agrees with the appellant, the Administrator shall grant a credit to eliminate or reduce future Special Taxes on the appellant’s Parcel(s). No refunds of previously paid Special Taxes shall be made.

The Administrator shall interpret this Rate and Method and make determinations relative to the annual levy and administration of the Special Tax and any taxpayer who appeals, as herein specified.

The City Council may interpret this Rate and Method for purposes of clarifying any ambiguity and make determinations relative to the amount of Administrative Expenses.

H. PREPAYMENT OF SPECIAL TAX
The following definitions apply to this Section H:
“CFD Public Facilities” means $4,839,417, expressed in 2025 dollars, which shall increase by the Construction Inflation Index on July 1, 2026, and on each July 1 thereafter, or such lower number as (i) shall be determined by the Administrator as sufficient to provide the public facilities under the authorized bonding program, or (ii) shall be determined by the City Council concurrently with a covenant that the CFD will not issue any more Bonds.
“Construction Fund” means, collectively, an account specifically identified in the Indenture to hold funds which are currently available for expenditure to acquire or construct public facilities eligible under the Act and any account established prior to the issuance of Bonds for such purpose. “Construction Inflation Index” means the annual percentage change in the Engineering NewsRecord 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

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Index shall be another index as determined by the Administrator that is reasonably comparable to the Engineering News-Record Building Cost Index for the City of Los Angeles. “Future Facilities Costs” means the CFD Public Facilities minus (i) Bond proceeds deposited in Construction Funds and accounts and (ii) other amounts (special taxes, interest earnings, etc.) allocated to Construction Funds and accounts that were available to fund such CFD Public Facilities prior to the date of prepayment, but not less than $0.
“Outstanding Bonds” means all previously issued Bonds, which will remain outstanding after the payment of principal from the amount of Special Taxes that have been levied, excluding Bonds to be redeemed at a later date with the proceeds of prior prepayments of Maximum Special Taxes.

1. Prepayment in Full
The Maximum Special Tax obligation may be prepaid and permanently satisfied for (i) Parcels of Developed Property, (ii) Parcels of Approved Property or Undeveloped Property for which a Building Permit has been issued, (iii) Approved Property or Undeveloped Property for which a Building Permit has not been issued, and (iv) Parcels of Public Property or Property Owners’ Association Property that are not Exempt Property pursuant to Section E. The Maximum Special Tax obligation applicable to a Parcel may be fully prepaid and the obligation to pay the Special Tax for such Parcel permanently satisfied as described herein; provided that a prepayment may be made only if there are no delinquent Special Taxes with respect to such Parcel at the time of prepayment. An owner of a Parcel intending to prepay the Maximum Special Tax obligation for such Parcel shall provide the Administrator with written notice of intent to prepay, and within 5 business days of receipt of such notice, the Administrator shall notify such owner of the amount of the non-refundable deposit determined to cover the cost to be incurred by the CFD in calculating the Prepayment Amount (as defined below) for the Parcel. Within 15 days of receipt of such non-refundable deposit, the Administrator shall notify such owner of the Prepayment Amount for the Parcel. Prepayment must be made not less than 60 days prior to the redemption date for any Bonds to be redeemed with the proceeds of such prepaid Special Taxes.

The Prepayment Amount (defined below) shall be calculated as follows (capitalized terms are defined below):

Bond Redemption Amount
plus Redemption Premium
plus Future Facilities Amount
plus Defeasance Amount
plus Administrative Fees and Expenses
less Reserve Fund Credit
Equals: Prepayment Amount
The Prepayment Amount shall be determined as of the proposed prepayment date as follows:

1. Confirm that no Special Tax delinquencies apply to such Parcel.

2. For a Parcel of Developed Property, compute the Maximum Special Tax for the Parcel. For a Parcel of Approved Property or Undeveloped Property for which a Building Permit has been issued,

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compute the Maximum Special Tax for the Parcel as though it was already designated as Developed Property, based upon the Building Permit which has been issued for the Parcel. For a Parcel of Approved Property or Undeveloped Property for which a Building Permit has not been issued, Public Property or Property Owners’ Association Property to be prepaid, compute the Maximum Special Tax for the Parcel.

3. Divide the Maximum Special Tax derived pursuant to paragraph 2 by the total amount of Special Taxes that could be levied at the Maximum Special Tax at build out of all Parcels of Taxable Property based on the applicable Maximum Special Tax for Parcels of Developed Property not including any Parcels for which the Special Tax obligation has been previously prepaid.

4. Multiply the quotient derived pursuant to paragraph 3 by the principal amount of the Outstanding Bonds to determine the amount of Outstanding Bonds to be redeemed with the Prepayment Amount (the “Bond Redemption Amount”).

5. Multiply the Bond Redemption Amount by the applicable redemption premium, if any, on the Outstanding Bonds to be redeemed (the “Redemption Premium”).

6. Determine the Future Facilities Costs.

7. Multiply the quotient derived pursuant to paragraph 3 by the amount determined pursuant to paragraph 6 to determine the amount of Future Facilities Costs for the Parcel (the “Future Facilities Amount”).

8. Determine 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 on which Bonds can be redeemed from Special Tax prepayments.

9. Determine the Special Taxes levied on the Parcel in the current Fiscal Year which have not yet been paid.

10. Determine the amount the Administrator reasonably expects to derive from the investment of the Bond Redemption Amount and the Redemption Premium from the date of prepayment until the redemption date for the Outstanding Bonds to be redeemed with the Prepayment Amount.

11. Add the amounts derived pursuant to paragraphs 8 and 9 and subtract the amount derived pursuant to paragraph 10 (the “Defeasance Amount”).

12. Verify the administrative fees and expenses of the CFD, including the cost of computation of the Prepayment Amount, the cost to invest the Prepayment Amount, the cost of redeeming the Outstanding Bonds, and the cost of recording notices to evidence the prepayment of the Maximum Special Tax obligation for the Parcel and the redemption of Outstanding Bonds (the “Administrative Fees and Expenses”).

13. The reserve fund credit (the “Reserve Fund Credit”) shall equal the lesser of: (a) the expected reduction in the reserve requirement (as defined in the Indenture), if any, associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by

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subtracting the new reserve requirement (as defined in the Indenture) in effect after the redemption of Outstanding Bonds as a result of the prepayment from the balance in the reserve fund on the prepayment date, but in no event shall such amount be less than zero.

14. The Prepayment Amount is equal to the sum of the Bond Redemption Amount, the Redemption Premium, the Future Facilities Amount, the Defeasance Amount and the Administrative Fees and Expenses, less the Reserve Fund Credit.

15. From the Prepayment Amount, the Bond Redemption Amount, the Redemption Premium, and Defeasance Amount shall be deposited into the appropriate fund as established under the Indenture and be used to redeem Outstanding Bonds or make debt service payments. The Future Facilities Amount shall be deposited into the Construction Fund. The Administrative Fees and Expenses shall be retained by the CFD.

The Prepayment Amount may be sufficient to redeem other than a $5,000 increment of Bonds. In such event, the increment above $5,000 or an integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next redemption from other Special Tax prepayments of Outstanding Bonds or to make debt service payments.

As a result of the payment of the current Fiscal Year’s Special Tax levy as determined pursuant to paragraph 9 above, the Administrator shall remove the current Fiscal Year’s Special Tax levy for the Parcel from the County tax roll. With respect to any Parcel for which the Maximum Special Tax obligation is prepaid, the City Council shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of Maximum Special Tax obligation and the release of the Special Tax lien for the Parcel, and the obligation to pay the Special Tax for such Parcel shall cease.

Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the amount of Maximum Special Taxes that may be levied on all Parcels of Taxable Property after the proposed prepayment will be at least 1.1 times maximum annual debt service on the Bonds that will remain outstanding after the prepayment plus the estimated annual Administrative Expenses.

Tenders of Bonds in prepayment of the Maximum Special Tax obligation may be accepted upon the terms and conditions established by the City Council pursuant to the Act. However, the use of Bond tenders shall only be allowed on a case-by-case basis as specifically approved by the City Council.

2. Prepayment in Part
The Maximum Special Tax obligation for a Parcel of Developed Property, Approved Property or Undeveloped Property may be partially prepaid. For purposes of determining the partial prepayment amount, the provisions of Section H.1 shall be modified as provided by the following formula:

PP = ((PE –A) x F) +A
These terms have the following meaning:

PP = Partial Prepayment
PE = the Prepayment Amount calculated according to Section H.1

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F = the percent by which the owner of the Parcel(s) is partially prepaying the Maximum Special Tax obligation
A = the Administrative Fees and Expenses determined pursuant to Section H.1 The owner of a Parcel who desires to partially prepay the Maximum Special Tax obligation for the Parcel shall notify the Administrator of (i) such owner’s intent to partially prepay the Maximum Special Tax obligation, (ii) the percentage of the Maximum Special Tax obligation such owner wishes to prepay, and (iii) the company or agency that will be acting as the escrow agent, if any. Within 5 days of receipt of such notice, the Administrator shall notify such property owner of the amount of the non-refundable deposit determined to cover the cost to be incurred by the CFD in calculating the amount of a partial prepayment. Within 15 business days of receipt of such non-refundable deposit, the Administrator shall notify such owner of the amount of the Partial Prepayment for the Parcel. A Partial Prepayment must be made not less than 60 days prior to the redemption date for the Outstanding Bonds to be redeemed with the proceeds of the Partial Prepayment.

With respect to any Parcel for which the Maximum Special Tax obligation is partially prepaid, the Administrator shall (i) distribute the Partial Prepayment as provided in Paragraph 15 of Section H.1, and (ii) indicate in the records of the CFD that there has been a Partial Prepayment for the Parcel and that a portion of the Special Tax obligation equal to the remaining percentage (1.00 - F) of Special Tax obligation will continue on the Parcel pursuant to Section D.

I. TERM OF THE SPECIAL TAX
The Special Tax shall not be levied after the 2068-2069 Fiscal Year.

J. INTERPRETATIONS
The City Council may interpret this Rate and Method by ordinance or resolution for purposes of clarifying any vagueness or ambiguity. Any decision of the City Council shall be final and binding as to all persons.

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“EXHIBIT B”

CERTIFICATE OF MODIFICATION OF SPECIAL TAX
CITY OF PALM SPRINGS AND CFD NO. 2025-1 (SERENA PARK) IMPROVEMENT AREA NO. 2 CERTIFICATE Pursuant to Section C of the Rate and Method of Apportionment of Special Tax for Community Facilities District No. 2025-1 (Serena Park) of the City of Palm Springs (“CFD No. 2025-1”), the Special Tax for Residential Property and Other Property within CFD No. 2025-1 has been modified.

The information in Table 1 relating to the Special Tax for Developed Property within CFD No. 2025-1, as stated in Section C.1. of the Rate and Method of Apportionment, has been modified as follows:

Developed Property
The Maximum Special Tax for each Parcel of Single Family Property shall be the greater of: (i) the applicable Assigned Special Tax described in Table 1 or (ii) the amount derived by application of the Backup Special Tax.

The Maximum Special Tax for each Parcel of Other Property shall be the Assigned Special Tax described in Table 1.

On each July 1, commencing July 1, 2026, the Maximum Special Tax shall be increased by an amount equal to two percent (2.0%) of the amount in effect for the previous Fiscal Year. July 1, 2043 shall be the final year the Maximum Special Tax increases. Following the Fiscal Year 2043-2044, the Maximum Special Tax shall not increase from the amount in effect for Fiscal Year 2043-2044. a. Assigned Special Tax
The Assigned Special Tax for each Parcel of Developed Property is shown in Table 1.

TABLE 1
Assigned Special Taxes for Developed Property
Fiscal Year 20__-20__
Land Use Category
Taxable
Unit Residential Floor Area
Assigned Special Tax
Per Taxable Unit

1. Single Family Property D/U Less than 2,200 sq. ft. $_______

2. Single Family Property D/U 2,200 sq. ft. – 2,349 sq. ft. $_______

3. Single Family Property D/U 2,350 sq. ft. – 2,499 sq. ft. $_______

4. Single Family Property D/U 2,500 sq. ft. – 2,649 sq. ft. $_______

5. Single Family Property D/U 2,650 sq. ft. – 2,799 sq. ft. $_______

6. Single Family Property D/U Greater than 2,799 sq. ft. $_______

7. Other Property Acre N/A $_______

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CERTIFICATE OF MODIFICATION OF SPECIAL TAX
By execution hereof, the undersigned acknowledge, on behalf of the District and CFD No. 2025-1, receipt of this certificate and modification of the Rate and Method of Apportionment of Special Tax as set forth in this certificate.

CITY OF PALM SPRINGS
IMPROVEMENT AREA NO. 2 OF COMMUNITY FACILITIES DISTRICT NO. 2025-1 (SERENA PARK) By:_________________________________ Date:______________________

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EXHIBIT “C”

RATE AND METHOD OF APPORTIONMENT FOR

THE CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2025-1
(SERENA PARK)

CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA IMPROVEMENT AREA NO. 3
A Special Tax (all capitalized terms are defined in Section A, “Definitions”, below) shall be applicable to each Parcel of Taxable Property located within the boundaries of Improvement Area No. 3 of the CFD.

The amount of Special Tax to be levied in each Fiscal Year, on a Parcel, shall be determined by the City Council of The City of Palm Springs, acting in its capacity as the legislative body of the CFD by applying the appropriate Special Tax for Developed Property, Approved Property, Undeveloped Property, Public Property, and/or Property Owners’ Association Property that is not Exempt Property as set forth in Sections B, C, and D, below. All of the real property within Improvement Area No. 3, unless exempted by law or by the provisions hereof in Section E, 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:
“Acre” or “Acreage” means the acreage of a Parcel as indicated on the most recent Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area shown on the applicable Final Map, parcel map, condominium plan, or other similar instrument. “Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Part 1 of Division 2 of Title 5 of the California Government Code of the State of California. “Administrative Expenses” means all actual or reasonably estimated costs and expenses of the City related to Improvement Area No. 3 that are chargeable or allocable to carry out its duties as the administrator as allowed by the Act, which shall include without limitation, all costs and expenses arising out of or resulting from the annual levy and collection of the Special Tax, trustee fees, rebate compliance calculation fees, any litigation involving the CFD, continuing disclosure undertakings of the City as imposed by applicable laws and regulations, communication with bondholders and normal administrative expenses.
“Administrator” means an official of the City, or designee thereof, responsible for determining the annual amount of the levy and collection of the Special Taxes. “Approved Property” means all Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to the January 1st preceding the Fiscal Year in which the Special Tax is being levied, and (ii) that have not been issued a Building Permit on or prior to the April 1st preceding the Fiscal Year in which the Special Tax is being levied.

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“Assessor’s Parcel Map” means an official map of the Assessor of the County of Riverside designating parcels by Assessor’s Parcel number.
“Assigned Special Tax” means the Special Tax for each Land Use Category of Developed Property, as determined in accordance with Section C.1.a., below.
“Backup Special Tax” means the Special Tax amount set forth in Section C.1.b., below. “Bonds” means any bonds or other indebtedness (as defined in the Act), whether in one or more series, issued by the CFD and secured by the levy of Improvement Area No. 3 Special Taxes. “Boundary Map” means a recorded map, as amended, of the CFD which indicates the boundaries of Improvement Area No. 3 of the CFD.
“Building Permit” means the first legal document issued by a local agency giving official permission for new construction. For purposes of this definition, “Building Permit” may or may not include any subsequent building permits issued or changed after the first issuance, as determined by the Administrator.
“CFD” means Community Facilities District No. 2025-1 (Serena Park) of The City of Palm Springs established pursuant to the Act.
“City” means The City of Palm Springs.
“City Council” means the City Council of The City of Palm Springs. “County” means the County of Riverside.
“Developed Property” means all Parcels of Taxable Property that are included in a Final Map that was recorded prior to January 1st preceding the Fiscal Year in which the Special Tax is being levied and for which a Building Permit for new construction has been issued on or prior to April 1st preceding the Fiscal Year in which the Special Tax is being levied. “Dwelling Unit” or “(D/U)” means a residential unit that is offered for sale (and not for rent) that is used or permitted to be used as a domicile by one or more persons, as determined by the Administrator.
“Exempt Property” means any Parcel which is exempt from Special Taxes pursuant to Section E below.
“Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 4285 that creates individual lots for which Building Permits may be issued without further subdivision. “Fiscal Year” means the 12 month period starting on July 1 of any calendar year and ending on the following June 30.
“Improvement Area No. 3” or “IA No. 3” means the property in the CFD designated as Improvement Area No. 3 on the Boundary Map.

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“Indenture” means the bond indenture, fiscal agent agreement, trust 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 Category” means any of the categories listed in Table 1. “MAI Certified Appraiser” or “Appraiser” means a certified appraiser and member of the Appraisal Institute who has met strict testing, standards and experience requirements. “Maximum Special Tax” means for each Parcel, the maximum Special Tax, determined in accordance with Section C, which can be levied in any Fiscal Year on such Parcel. “Minimum Sale Price” means the minimum price at which Dwelling Units of a given Land Use Category have sold or are expected to be sold in a normal marketing environment and shall not include prices for such Dwelling Units that are sold at a discount to expected sales prices for the purpose of stimulating the initial sales activity with respect to such Land Use Category. No incentives or discounts offered by the seller will be deducted from expected or sold home prices. “Other Property” means all Parcels of Developed Property for which a Building Permit was issued for any type of use other than Single Family Property.
“Parcel(s)” means a lot or parcel shown on an Assessor’s Parcel Map located in Improvement Area No. 3.
“Price Point Consultant” means any consultant or firm of such consultants selected by the CFD that (a) has substantial experience in performing price point studies for Residential Property within community facilities districts established under the Act or otherwise estimating or confirming pricing for Dwelling Units of Residential Property in such community facilities districts, (b) has recognized expertise in analyzing economic and real estate data that relates to the pricing of Dwelling Units of Residential Property in such community facilities districts, (c) is in fact independent and not under the control of the CFD or the City, (d) does not have any substantial interest, direct or indirect, with or in (i) the CFD, (ii) the City, (iii) any owner of real property in the CFD, or (iv) any real property in the CFD, and (e) is not connected with the CFD or the City as an officer or employee thereof, but who may be regularly retained to make reports to the CFD or the City. “Price Point Study” means a price point study or a letter updating a previous price point study prepared by the Price Point Consultant pursuant to Section C.5 herein. “Property Owners’ Association Property” means all Parcels which, as of July 1st of the Fiscal Year in which the Special Tax is being levied, have been conveyed, dedicated to, or irrevocably offered for dedication to a property owner association, including any master or sub-association. “Proportionately” means for Taxable Property that is (i) Developed Property, that the ratio of the actual Special Tax levy to the Assigned Special Tax is the same for all Parcels of Developed Property, (ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Approved Property, and (iii) Undeveloped Property, Public Property, and Property Owners’ Association Property, that the ratio of the actual Special Tax levy per acre to the Maximum Special Tax per acre is the same for all Parcels of Undeveloped Property, Public Property, and Property Owners’ Association Property.

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“Public Property” means all Parcels which, as of July 1st of the Fiscal Year in which the Special Tax is being levied, are used for rights-of-way or any other purpose and is owned by, dedicated to, or irrevocably offered for dedication to the federal government, the State of California, the County, or any other local jurisdiction, provided, however, that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified according to its use.
“Rate and Method” means this Rate and Method of Apportionment of Special Tax for Improvement Area No. 3 of Community Facilities District No. 2025-1 (Serena Park) of The City of Palm Springs. “Residential Floor Area” means all of the square footage of living area of a residential structure, not including any carport, walkway, garage, overhang, patio, enclosed patio or similar area on a Parcel.

The determination of Residential Floor Area shall be made by reference to the original Building Permit issued for the Parcel or, if the Building Permit is not available by reference to a similar official document as selected by the Administrator.
“Residential Property” means all Parcels of Developed Property for which a Building Permit has been issued for purposes of constructing one or more Dwelling Units. “Single Family Property” means all Parcels of Residential Property. “Special Tax(es)” means the special tax to be levied in each Fiscal Year pursuant to the Rate and Method on each Parcel of Taxable Property in accordance with Section D. “Special Tax Requirement” means that amount required in any Fiscal Year: (i) to pay annual debt service on all outstanding Bonds due in the calendar year which commences in such Fiscal Year; (ii) to pay periodic costs on the Bonds, including but not limited to, credit enhancement and rebate payments on the Bonds; (iii) to pay Administrative Expenses; (iv) to pay any anticipated shortfall due based on Special Tax delinquencies in the prior Fiscal Year; (v) to establish or replenish any reserve funds for the outstanding Bonds or with respect to Bonds expected to be issued in such Fiscal Year; (vi) until the final series of Bonds are issued as determined by the City Council, to pay directly for acquisition or construction of the facilities eligible under the Act, provided that the inclusion of such amount does not increase the levy of Special Tax on Approved Property or Undeveloped Property as set forth in Step 2 or Step 3 of section D below; less (vii) a credit for funds available to reduce the annual Special Tax levy as determined pursuant to the Indenture as determined by the Administrator.
“Taxable Property” means all Parcels for which the Special Taxes have not been prepaid in full pursuant to Section H. or that are not exempt from the Special Tax pursuant to law or Section E. “Taxable Unit” means either a Dwelling Unit or an Acre, as shown in Table 1. “Total Tax Burden” means for any Dwelling Unit, the annual Special Tax, together with ad valorem property taxes, special assessments, special taxes for any overlapping community facilities district, and any other taxes, fees, and charges which are levied and imposed on such Dwelling Unit and the real property on which it is located and collected by the County on ad valorem tax bills and which are secured by such Dwelling Unit and the real property on which it is located, assuming such Dwelling Unit had been completed, sold, and subject to such levies and impositions, excluding PACE Charges (or any other charge entered into voluntarily by the property owner) and service charges such as those related to sewer and trash.

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“Undeveloped Property” means all Parcels of Taxable Property not classified as Developed Property, Approved Property, Public Property, or Property Owners’ Association Property.

B. ASSIGNMENT TO LAND USE CATEGORY
Each Fiscal Year, commencing with the 2026-2027 Fiscal Year, all Parcels of Taxable Property shall be classified as Developed Property, Approved Property, Undeveloped Property, Public Property, and/or Property Owners’ Association Property, and subject to the levy of Special Taxes in accordance with this Rate and Method as determined pursuant to Sections C and D.

Parcels of Developed Property shall further be classified as Residential Property or Other Property.

Parcels of Residential Property shall further be classified as Single Family Property. Parcels of Single Family Property shall be further categorized into Land Use Categories based on the Residential Floor Area for such Parcel.

C. MAXIMUM SPECIAL TAX RATE

1. Developed Property
The Maximum Special Tax for each Parcel of Single Family Property shall be the greater of: (i) the applicable Assigned Special Tax described in Table 1 or (ii) the amount derived by application of the Backup Special Tax.

The Maximum Special Tax for each Parcel of Other Property shall be the Assigned Special Tax described in Table 1.

On each July 1, commencing July 1, 2026, the Maximum Special Tax shall be increased by an amount equal to two percent (2.0%) of the amount in effect for the previous Fiscal Year. July 1, 2043 shall be the final year the Maximum Special Tax increases. Following the Fiscal Year 2043-2044, the Maximum Special Tax shall not increase from the amount in effect for Fiscal Year 2043-2044. a. Assigned Special Tax
The Assigned Special Tax for each Parcel of Developed Property is shown in Table 1.

TABLE 1
Assigned Special Taxes for Developed Property
Fiscal Year 2025-2026
Land Use Category
Taxable
Unit Residential Floor Area
Assigned Special Tax
Per Taxable Unit

1. Single Family Property D/U Less than 1,750 sq. ft. $3,720

2. Single Family Property D/U 1,750 sq. ft. – 1,949 sq. ft. $3,860

3. Single Family Property D/U 1,950 sq. ft. – 2,149 sq. ft. $4,000

4. Single Family Property D/U 2,150 sq. ft. – 2,349 sq. ft. $4,795

5. Single Family Property D/U 2,350 sq. ft. – 2,549 sq. ft. $4,955

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6. Single Family Property D/U 2,550 sq. ft. – 2,749 sq. ft. $5,115

7. Single Family Property D/U Greater than 2,749 sq. ft. $5,400

8. Other Property Acre N/A $27,301
On each July 1, commencing July 1, 2026, the Assigned Special Tax shall be increased by an amount equal to two percent (2.0%) of the amount in effect for the previous Fiscal Year. July 1, 2043 shall be the final year the Assigned Special Tax increases. Following the Fiscal Year 2043-2044, the Assigned Special Tax shall not increase from the amount in effect for Fiscal Year 2043-2044. b. Backup Special Tax
When a Final Map is recorded, the Backup Special Tax for a Parcel classified or to be classified as Single Family Property within such Final Map shall be determined by multiplying the Undeveloped Property Maximum Special Tax per Acre by the total Acreage of Taxable Property within such Final Map, excluding the Acreage associated with (i) Public Property and/or Property Owners’ Association Property that is not Exempt Property pursuant to Section E and (ii) Other Property, , and dividing such amount by the number of Parcels within such Final Map classified as either (i) Single Family Property or (ii) Approved Property for which a Building Permit is expected to be issued for Single Family Property (i.e., the number of residential lots).

A Parcel that does not have any changes made to it after the initial assignment of the Backup Special Tax shall not be increased if other Parcels in a Final Map are changed. Prior to the issuance of Bonds, if Parcels classified or to be classified as Single Family Property are subsequently changed or modified by recordation of a lot line adjustment or similar instrument, then the Backup Special Tax shall be recalculated for the area that has been changed or modified using the methodology described in the preceding paragraph. Following the issuance of Bonds, no adjustments shall be made to the Backup Special Tax for any Parcel which would result in the reduction of debt service coverage, as projected at the time of Bond issuance.

The Backup Special Tax shall not apply to Other Property, Public Property, or Property Owners’ Association Property.

On each July 1, commencing July 1, 2026, the Backup Special Tax shall be increased by an amount equal to two percent (2.0%) of the amount in effect for the previous Fiscal Year. July 1, 2043 shall be the final year the Backup Special Tax increases. Following the Fiscal Year 2043-2044, the Backup Special Tax shall not increase from the amount in effect for Fiscal Year 2043-2044.

2. Approved Property
The Maximum Special Tax for each Parcel of Approved Property expected to be classified as Single Family Property shall be the Backup Special Tax computed pursuant to Section C.1.b above.

The Maximum Special Tax for each Parcel of Approved Property expected to be classified as Other Property shall be $27,301 per Acre.

3. Undeveloped Property

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The Maximum Special Tax for each Parcel of Undeveloped Property is shown in Table 2 below.

TABLE 2
Undeveloped Property Maximum Special Tax
Fiscal Year 2025-2026
Maximum Special Tax Per Acre
$27,301

4. Public Property and/or Property Owners’ Association Property that is not Exempt Property pursuant to the provisions of Section E.

The Maximum Special Tax for each Parcel of Public Property and/or Property Owners Association Property that is not Exempt Property shall be equal to the product of the applicable Undeveloped Property Maximum Special Tax rate per Acre in Table 2 multiplied by the Acreage of such Parcel.

5. Special Tax Reduction Prior to Issuance of First Series of Bonds.

Prior to the issuance of the first series of Bonds, the CFD shall do one of the following 1) select and engage a Price Point Consultant, where the Price Point Consultant shall prepare a Price Point Study setting forth the Minimum Sale Price of Dwelling Units within each Land Use Category of Residential Property or 2) select and engage a MAI Certified Appraiser, where the MAI Certified Appraiser shall prepare an appraisal setting forth at least the minimum market value of Dwelling Units within each Land Use Category of Residential Property. If, based upon such Price Point Study or appraisal, the Administrator calculates that the Total Tax Burden applicable to Dwelling Units within one or more Land Use Category of Residential Property to be constructed within the CFD exceeds 2.00% of the Minimum Sale Price of such Taxable Units, the Special Tax within such Land Use Category of Residential Property shall be reduced to the extent necessary to cause the Total Tax Burden applicable to Dwelling Units within such Land Use Category(ies) not to exceed 2.00% of the Minimum Sale Price of such Taxable Units. Each Special Tax reduction for a Land Use Category shall be calculated by the Administrator separately, and it shall not be required that such reduction be proportionate among Land Use Categories.

If the Special Tax for any Land Use Category is reduced pursuant to the preceding paragraph, the Administrator shall calculate a reduced Maximum Special Tax for Other Property and Undeveloped Property, as well as a reduced Backup Special Tax for Developed Property. The revised Backup Special Tax shall be equal to the Maximum Special Tax as set forth in Table 1, reduced by a percentage equal to the weighted average percentage reduction in the Special Tax for all Land Use Categories of Residential Property. The weighted average percentage will be calculated by taking the sum of the products of the number of Taxable Units constructed or expected to be constructed in each Land Use Category multiplied by the percentage change in the Special Tax for each Land Use Category (or 0 for Land Use Categories that are not changing). This amount is then divided by the total number of Dwelling Units constructed or expected to be constructed and converted to a percentage. The reduced Maximum Special Tax shall be used to compute the reduced Backup Special Tax. Following the issuance of Bonds, no adjustments shall be made to the Backup Special Tax for any Parcel which would result in the reduction of debt service coverage, as projected at the time of Bond issuance.

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The Special Tax reductions, if required pursuant to this section, shall be reflected in an amended notice of Special Tax lien, which the CFD shall cause to be recorded by executing a certificate in substantially the form attached herein as Exhibit B.

D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2026-2027 and for each following Fiscal Year, the City Council shall levy the Special Tax on all Taxable Property until the amount of Special Taxes equals the applicable Special Tax Requirement in accordance with the following steps:

First: The Special Tax shall be levied Proportionately on each Parcel of Developed Property at up to 100% of the applicable Assigned Special Tax rate as needed to satisfy the Special Tax Requirement; Second: If additional moneys are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Parcel of Approved Property at up to 100% of the Maximum Special Tax for Approved Property; Third: If additional moneys 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 Parcel of Undeveloped Property at up to 100% of the Maximum Special Tax for Undeveloped Property; Fourth: If additional moneys are needed to satisfy the Special Tax Requirement after the first three steps have been completed, the Special Tax to be levied on each Parcel of Developed Property for which the Maximum Special Tax is derived by the application of the Backup Special Tax shall be increased in equal percentages from the Assigned Special Tax up to the Maximum Special Tax for such Parcel;
Fifth: If additional moneys are needed to satisfy the Special Tax Requirement after the first four steps have been completed, the Special Tax shall be levied Proportionately on each Parcel of Taxable Property that is Public Property or Property Owners’ Association Property at up to 100% of the Maximum Special Tax for such Parcel.

Notwithstanding the above, under no circumstances will the Special Taxes levied in any Fiscal Year against any Parcel of Residential Property as a result of a delinquency in the payment of the Special Tax applicable to any other Parcel be increased by more than ten percent (10%) above the amount that would have been levied in that Fiscal Year had there never been any such delinquency or default.

E. EXEMPTIONS
The Administrator shall classify as Exempt Property all Parcels of (i) Public Property or (ii) Property Owners’ Association Property; provided that such classification shall not reduce the Acreage of all Taxable Property of the CFD to fewer than 24.23 Acres. The Administrator shall not classify a Parcel of Public Property or Property Owners’ Association Property as Exempt Property if such classification would reduce the Acreage of all Parcels of Taxable Property to fewer than 24.23 Acres. Such Parcels that cannot be classified as Exempt Property because such classification would reduce the Acreage of all Parcels of Taxable Property to fewer than 24.23 Acres will be classified as Property Owners’ Association Property or Public Property and will continue to be subject to Special Taxes. The

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Administrator shall classify such Parcels as Exempt Property in the chronological order in which property becomes Public Property or Property Owners’ Association Property.

F. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes and shall be subject to the same penalties, the same procedure, sale and lien priority in the case of delinquency; provided, however, that the Administrator may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations of Improvement Area No. 3, and provided further that the CFD may covenant to foreclose and may actually foreclose on Parcels having delinquent Special Taxes as permitted by the Act.

G. APPEALS
Any taxpayer may file a written appeal of the Special Tax on his/her Parcel(s) with the Administrator, provided that the appellant is current in his/her payments of Special Taxes. During pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The Administrator shall review the appeal, meet with the appellant if the Administrator deems necessary, and advise the appellant of its determination. If the Administrator agrees with the appellant, the Administrator shall grant a credit to eliminate or reduce future Special Taxes on the appellant’s Parcel(s). No refunds of previously paid Special Taxes shall be made.

The Administrator shall interpret this Rate and Method and make determinations relative to the annual levy and administration of the Special Tax and any taxpayer who appeals, as herein specified.

The City Council may interpret this Rate and Method for purposes of clarifying any ambiguity and make determinations relative to the amount of Administrative Expenses.

H. PREPAYMENT OF SPECIAL TAX
The following definitions apply to this Section H:
“CFD Public Facilities” means $7,088,364, expressed in 2025 dollars, which shall increase by the Construction Inflation Index on July 1, 2026, and on each July 1 thereafter, or such lower number as (i) shall be determined by the Administrator as sufficient to provide the public facilities under the authorized bonding program, or (ii) shall be determined by the City Council concurrently with a covenant that the CFD will not issue any more Bonds.
“Construction Fund” means, collectively, an account specifically identified in the Indenture to hold funds which are currently available for expenditure to acquire or construct public facilities eligible under the Act and any account established prior to the issuance of Bonds for such purpose. “Construction Inflation Index” means the annual percentage change in the Engineering NewsRecord 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

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Index shall be another index as determined by the Administrator that is reasonably comparable to the Engineering News-Record Building Cost Index for the City of Los Angeles. “Future Facilities Costs” means the CFD Public Facilities minus (i) Bond proceeds deposited in Construction Funds and accounts and (ii) other amounts (special taxes, interest earnings, etc.) allocated to Construction Funds and accounts that were available to fund such CFD Public Facilities prior to the date of prepayment, but not less than $0.
“Outstanding Bonds” means all previously issued Bonds, which will remain outstanding after the payment of principal from the amount of Special Taxes that have been levied, excluding Bonds to be redeemed at a later date with the proceeds of prior prepayments of Maximum Special Taxes.

1. Prepayment in Full
The Maximum Special Tax obligation may be prepaid and permanently satisfied for (i) Parcels of Developed Property, (ii) Parcels of Approved Property or Undeveloped Property for which a Building Permit has been issued, (iii) Approved Property or Undeveloped Property for which a Building Permit has not been issued, and (iv) Parcels of Public Property or Property Owners’ Association Property that are not Exempt Property pursuant to Section E. The Maximum Special Tax obligation applicable to a Parcel may be fully prepaid and the obligation to pay the Special Tax for such Parcel permanently satisfied as described herein; provided that a prepayment may be made only if there are no delinquent Special Taxes with respect to such Parcel at the time of prepayment. An owner of a Parcel intending to prepay the Maximum Special Tax obligation for such Parcel shall provide the Administrator with written notice of intent to prepay, and within 5 business days of receipt of such notice, the Administrator shall notify such owner of the amount of the non-refundable deposit determined to cover the cost to be incurred by the CFD in calculating the Prepayment Amount (as defined below) for the Parcel. Within 15 days of receipt of such non-refundable deposit, the Administrator shall notify such owner of the Prepayment Amount for the Parcel. Prepayment must be made not less than 60 days prior to the redemption date for any Bonds to be redeemed with the proceeds of such prepaid Special Taxes.

The Prepayment Amount (defined below) shall be calculated as follows (capitalized terms are defined below):

Bond Redemption Amount
plus Redemption Premium
plus Future Facilities Amount
plus Defeasance Amount
plus Administrative Fees and Expenses
less Reserve Fund Credit
Equals: Prepayment Amount
The Prepayment Amount shall be determined as of the proposed prepayment date as follows:

1. Confirm that no Special Tax delinquencies apply to such Parcel.

2. For a Parcel of Developed Property, compute the Maximum Special Tax for the Parcel. For a Parcel of Approved Property or Undeveloped Property for which a Building Permit has been issued,

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compute the Maximum Special Tax for the Parcel as though it was already designated as Developed Property, based upon the Building Permit which has been issued for the Parcel. For a Parcel of Approved Property or Undeveloped Property for which a Building Permit has not been issued, Public Property or Property Owners’ Association Property to be prepaid, compute the Maximum Special Tax for the Parcel.

3. Divide the Maximum Special Tax derived pursuant to paragraph 2 by the total amount of Special Taxes that could be levied at the Maximum Special Tax at build out of all Parcels of Taxable Property based on the applicable Maximum Special Tax for Parcels of Developed Property not including any Parcels for which the Special Tax obligation has been previously prepaid.

4. Multiply the quotient derived pursuant to paragraph 3 by the principal amount of the Outstanding Bonds to determine the amount of Outstanding Bonds to be redeemed with the Prepayment Amount (the “Bond Redemption Amount”).

5. Multiply the Bond Redemption Amount by the applicable redemption premium, if any, on the Outstanding Bonds to be redeemed (the “Redemption Premium”).

6. Determine the Future Facilities Costs.

7. Multiply the quotient derived pursuant to paragraph 3 by the amount determined pursuant to paragraph 6 to determine the amount of Future Facilities Costs for the Parcel (the “Future Facilities Amount”).

8. Determine 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 on which Bonds can be redeemed from Special Tax prepayments.

9. Determine the Special Taxes levied on the Parcel in the current Fiscal Year which have not yet been paid.

10. Determine the amount the Administrator reasonably expects to derive from the investment of the Bond Redemption Amount and the Redemption Premium from the date of prepayment until the redemption date for the Outstanding Bonds to be redeemed with the Prepayment Amount.

11. Add the amounts derived pursuant to paragraphs 8 and 9 and subtract the amount derived pursuant to paragraph 10 (the “Defeasance Amount”).

12. Verify the administrative fees and expenses of the CFD, including the cost of computation of the Prepayment Amount, the cost to invest the Prepayment Amount, the cost of redeeming the Outstanding Bonds, and the cost of recording notices to evidence the prepayment of the Maximum Special Tax obligation for the Parcel and the redemption of Outstanding Bonds (the “Administrative Fees and Expenses”).

13. The reserve fund credit (the “Reserve Fund Credit”) shall equal the lesser of: (a) the expected reduction in the reserve requirement (as defined in the Indenture), if any, associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by

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subtracting the new reserve requirement (as defined in the Indenture) in effect after the redemption of Outstanding Bonds as a result of the prepayment from the balance in the reserve fund on the prepayment date, but in no event shall such amount be less than zero.

14. The Prepayment Amount is equal to the sum of the Bond Redemption Amount, the Redemption Premium, the Future Facilities Amount, the Defeasance Amount and the Administrative Fees and Expenses, less the Reserve Fund Credit.

15. From the Prepayment Amount, the Bond Redemption Amount, the Redemption Premium, and Defeasance Amount shall be deposited into the appropriate fund as established under the Indenture and be used to redeem Outstanding Bonds or make debt service payments. The Future Facilities Amount shall be deposited into the Construction Fund. The Administrative Fees and Expenses shall be retained by the CFD.

The Prepayment Amount may be sufficient to redeem other than a $5,000 increment of Bonds. In such event, the increment above $5,000 or an integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next redemption from other Special Tax prepayments of Outstanding Bonds or to make debt service payments.

As a result of the payment of the current Fiscal Year’s Special Tax levy as determined pursuant to paragraph 9 above, the Administrator shall remove the current Fiscal Year’s Special Tax levy for the Parcel from the County tax roll. With respect to any Parcel for which the Maximum Special Tax obligation is prepaid, the City Council shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of Maximum Special Tax obligation and the release of the Special Tax lien for the Parcel, and the obligation to pay the Special Tax for such Parcel shall cease.

Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the amount of Maximum Special Taxes that may be levied on all Parcels of Taxable Property after the proposed prepayment will be at least 1.1 times maximum annual debt service on the Bonds that will remain outstanding after the prepayment plus the estimated annual Administrative Expenses.

Tenders of Bonds in prepayment of the Maximum Special Tax obligation may be accepted upon the terms and conditions established by the City Council pursuant to the Act. However, the use of Bond tenders shall only be allowed on a case-by-case basis as specifically approved by the City Council.

2. Prepayment in Part
The Maximum Special Tax obligation for a Parcel of Developed Property, Approved Property or Undeveloped Property may be partially prepaid. For purposes of determining the partial prepayment amount, the provisions of Section H.1 shall be modified as provided by the following formula:

PP = ((PE –A) x F) +A
These terms have the following meaning:

PP = Partial Prepayment
PE = the Prepayment Amount calculated according to Section H.1

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F = the percent by which the owner of the Parcel(s) is partially prepaying the Maximum Special Tax obligation
A = the Administrative Fees and Expenses determined pursuant to Section H.1 The owner of a Parcel who desires to partially prepay the Maximum Special Tax obligation for the Parcel shall notify the Administrator of (i) such owner’s intent to partially prepay the Maximum Special Tax obligation, (ii) the percentage of the Maximum Special Tax obligation such owner wishes to prepay, and (iii) the company or agency that will be acting as the escrow agent, if any. Within 5 days of receipt of such notice, the Administrator shall notify such property owner of the amount of the non-refundable deposit determined to cover the cost to be incurred by the CFD in calculating the amount of a partial prepayment. Within 15 business days of receipt of such non-refundable deposit, the Administrator shall notify such owner of the amount of the Partial Prepayment for the Parcel. A Partial Prepayment must be made not less than 60 days prior to the redemption date for the Outstanding Bonds to be redeemed with the proceeds of the Partial Prepayment.

With respect to any Parcel for which the Maximum Special Tax obligation is partially prepaid, the Administrator shall (i) distribute the Partial Prepayment as provided in Paragraph 15 of Section H.1, and (ii) indicate in the records of the CFD that there has been a Partial Prepayment for the Parcel and that a portion of the Special Tax obligation equal to the remaining percentage (1.00 - F) of Special Tax obligation will continue on the Parcel pursuant to Section D.

I. TERM OF THE SPECIAL TAX
The Special Tax shall not be levied after the 2070-2071 Fiscal Year.

J. INTERPRETATIONS
The City Council may interpret this Rate and Method by ordinance or resolution for purposes of clarifying any vagueness or ambiguity. Any decision of the City Council shall be final and binding as to all persons.

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“EXHIBIT B”

CERTIFICATE OF MODIFICATION OF SPECIAL TAX
CITY OF PALM SPRINGS AND CFD NO. 2025-1 (SERENA PARK) IMPROVEMENT AREA NO. 3 CERTIFICATE Pursuant to Section C of the Rate and Method of Apportionment of Special Tax for Community Facilities District No. 2025-1 (Serena Park) of the City of Palm Springs (“CFD No. 2025-1”), the Special Tax for Residential Property and Other Property within CFD No. 2025-1 has been modified.

The information in Table 1 relating to the Special Tax for Developed Property within CFD No. 2025-1, as stated in Section C.1. of the Rate and Method of Apportionment, has been modified as follows:

Developed Property
The Maximum Special Tax for each Parcel of Single Family Property shall be the greater of: (i) the applicable Assigned Special Tax described in Table 1 or (ii) the amount derived by application of the Backup Special Tax.

The Maximum Special Tax for each Parcel of Other Property shall be the Assigned Special Tax described in Table 1.

On each July 1, commencing July 1, 2026, the Maximum Special Tax shall be increased by an amount equal to two percent (2.0%) of the amount in effect for the previous Fiscal Year. July 1, 2043 shall be the final year the Maximum Special Tax increases. Following the Fiscal Year 2043-2044, the Maximum Special Tax shall not increase from the amount in effect for Fiscal Year 2043-2044. a. Assigned Special Tax
The Assigned Special Tax for each Parcel of Developed Property is shown in Table 1.

TABLE 1
Assigned Special Taxes for Developed Property
Fiscal Year 20__-20__
Land Use Category
Taxable
Unit Residential Floor Area
Assigned Special Tax
Per Taxable Unit

1. Single Family Property D/U Less than 1,750 sq. ft. $________

2. Single Family Property D/U 1,750 sq. ft. – 1,949 sq. ft. $________

3. Single Family Property D/U 1,950 sq. ft. – 2,149 sq. ft. $________

4. Single Family Property D/U 2,150 sq. ft. – 2,349 sq. ft. $________

5. Single Family Property D/U 2,350 sq. ft. – 2,549 sq. ft. $________

6. Single Family Property D/U 2,550 sq. ft. – 2,749 sq. ft. $________

7. Single Family Property D/U Greater than 2,749 sq. ft. $________

8. Other Property Acre N/A $________

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CERTIFICATE OF MODIFICATION OF SPECIAL TAX
By execution hereof, the undersigned acknowledge, on behalf of the District and CFD No. 2025-1, receipt of this certificate and modification of the Rate and Method of Apportionment of Special Tax as set forth in this certificate.

CITY OF PALM SPRINGS
IMPROVEMENT AREA NO. 3 OF COMMUNITY FACILITIES DISTRICT NO. 2025-1 (SERENA PARK) By:_________________________________ Date:______________________

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EXHIBIT “D”

RATE AND METHOD OF APPORTIONMENT FOR

THE CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2025-1
(SERENA PARK)

CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA IMPROVEMENT AREA NO. 4
A Special Tax (all capitalized terms are defined in Section A, “Definitions”, below) shall be applicable to each Parcel of Taxable Property located within the boundaries of Improvement Area No. 4 of the CFD.

The amount of Special Tax to be levied in each Fiscal Year, on a Parcel, shall be determined by the City Council of The City of Palm Springs, acting in its capacity as the legislative body of the CFD by applying the appropriate Special Tax for Developed Property, Approved Property, Undeveloped Property, Public Property, and/or Property Owners’ Association Property that is not Exempt Property as set forth in Sections B, C, and D, below. All of the real property within Improvement Area No. 4, unless exempted by law or by the provisions hereof in Section E, 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:
“Acre” or “Acreage” means the acreage of a Parcel as indicated on the most recent Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area shown on the applicable Final Map, parcel map, condominium plan, or other similar instrument. “Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Part 1 of Division 2 of Title 5 of the California Government Code of the State of California. “Administrative Expenses” means all actual or reasonably estimated costs and expenses of the City related to Improvement Area No. 4 that are chargeable or allocable to carry out its duties as the administrator as allowed by the Act, which shall include without limitation, all costs and expenses arising out of or resulting from the annual levy and collection of the Special Tax, trustee fees, rebate compliance calculation fees, any litigation involving the CFD, continuing disclosure undertakings of the City as imposed by applicable laws and regulations, communication with bondholders and normal administrative expenses.
“Administrator” means an official of the City, or designee thereof, responsible for determining the annual amount of the levy and collection of the Special Taxes. “Approved Property” means all Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to the January 1st preceding the Fiscal Year in which the Special Tax is being levied, and (ii) that have not been issued a Building Permit on or prior to the April 1st preceding the Fiscal Year in which the Special Tax is being levied.

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“Assessor’s Parcel Map” means an official map of the Assessor of the County of Riverside designating parcels by Assessor’s Parcel number.
“Assigned Special Tax” means the Special Tax for each Land Use Category of Developed Property, as determined in accordance with Section C.1.a., below.
“Backup Special Tax” means the Special Tax amount set forth in Section C.1.b., below. “Bonds” means any bonds or other indebtedness (as defined in the Act), whether in one or more series, issued by the CFD and secured by the levy of Improvement Area No. 4 Special Taxes. “Boundary Map” means a recorded map, as amended, of the CFD which indicates the boundaries of Improvement Area No. 4 of the CFD.
“Building Permit” means the first legal document issued by a local agency giving official permission for new construction. For purposes of this definition, “Building Permit” may or may not include any subsequent building permits issued or changed after the first issuance, as determined by the Administrator.
“CFD” means Community Facilities District No. 2025-1 (Serena Park) of The City of Palm Springs established pursuant to the Act.
“City” means The City of Palm Springs.
“City Council” means the City Council of The City of Palm Springs. “County” means the County of Riverside.
“Developed Property” means all Parcels of Taxable Property that are included in a Final Map that was recorded prior to January 1st preceding the Fiscal Year in which the Special Tax is being levied and for which a Building Permit for new construction has been issued on or prior to April 1st preceding the Fiscal Year in which the Special Tax is being levied. “Dwelling Unit” or “(D/U)” means a residential unit that is offered for sale (and not for rent) that is used or permitted to be used as a domicile by one or more persons, as determined by the Administrator.
“Exempt Property” means any Parcel which is exempt from Special Taxes pursuant to Section E below.
“Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 4285 that creates individual lots for which Building Permits may be issued without further subdivision. “Fiscal Year” means the 12 month period starting on July 1 of any calendar year and ending on the following June 30.
“Improvement Area No. 4” or “IA No. 4” means the property in the CFD designated as Improvement Area No. 4 on the Boundary Map.

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“Indenture” means the bond indenture, fiscal agent agreement, trust 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 Category” means any of the categories listed in Table 1. “MAI Certified Appraiser” or “Appraiser” means a certified appraiser and member of the Appraisal Institute who has met strict testing, standards and experience requirements. “Maximum Special Tax” means for each Parcel, the maximum Special Tax, determined in accordance with Section C, which can be levied in any Fiscal Year on such Parcel. “Minimum Sale Price” means the minimum price at which Dwelling Units of a given Land Use Category have sold or are expected to be sold in a normal marketing environment and shall not include prices for such Dwelling Units that are sold at a discount to expected sales prices for the purpose of stimulating the initial sales activity with respect to such Land Use Category. No incentives or discounts offered by the seller will be deducted from expected or sold home prices. “Other Property” means all Parcels of Developed Property for which a Building Permit was issued for any type of use other than Single Family Property.
“Parcel(s)” means a lot or parcel shown on an Assessor’s Parcel Map located in Improvement Area No. 4.
“Price Point Consultant” means any consultant or firm of such consultants selected by the CFD that (a) has substantial experience in performing price point studies for Residential Property within community facilities districts established under the Act or otherwise estimating or confirming pricing for Dwelling Units of Residential Property in such community facilities districts, (b) has recognized expertise in analyzing economic and real estate data that relates to the pricing of Dwelling Units of Residential Property in such community facilities districts, (c) is in fact independent and not under the control of the CFD or the City, (d) does not have any substantial interest, direct or indirect, with or in (i) the CFD, (ii) the City, (iii) any owner of real property in the CFD, or (iv) any real property in the CFD, and (e) is not connected with the CFD or the City as an officer or employee thereof, but who may be regularly retained to make reports to the CFD or the City. “Price Point Study” means a price point study or a letter updating a previous price point study prepared by the Price Point Consultant pursuant to Section C.5 herein. “Property Owners’ Association Property” means all Parcels which, as of July 1st of the Fiscal Year in which the Special Tax is being levied, have been conveyed, dedicated to, or irrevocably offered for dedication to a property owner association, including any master or sub-association. “Proportionately” means for Taxable Property that is (i) Developed Property, that the ratio of the actual Special Tax levy to the Assigned Special Tax is the same for all Parcels of Developed Property, (ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Approved Property, and (iii) Undeveloped Property, Public Property, and Property Owners’ Association Property, that the ratio of the actual Special Tax levy per acre to the Maximum Special Tax per acre is the same for all Parcels of Undeveloped Property, Public Property, and Property Owners’ Association Property.

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“Public Property” means all Parcels which, as of July 1st of the Fiscal Year in which the Special Tax is being levied, are used for rights-of-way or any other purpose and is owned by, dedicated to, or irrevocably offered for dedication to the federal government, the State of California, the County, or any other local jurisdiction, provided, however, that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified according to its use.
“Rate and Method” means this Rate and Method of Apportionment of Special Tax for Improvement Area No. 4 of Community Facilities District No. 2025-1 (Serena Park) of The City of Palm Springs. “Residential Floor Area” means all of the square footage of living area of a residential structure, not including any carport, walkway, garage, overhang, patio, enclosed patio or similar area on a Parcel.

The determination of Residential Floor Area shall be made by reference to the original Building Permit issued for the Parcel or, if the Building Permit is not available by reference to a similar official document as selected by the Administrator.
“Residential Property” means all Parcels of Developed Property for which a Building Permit has been issued for purposes of constructing one or more Dwelling Units. “Single Family Property” means all Parcels of Residential Property. “Special Tax(es)” means the special tax to be levied in each Fiscal Year pursuant to the Rate and Method on each Parcel of Taxable Property in accordance with Section D. “Special Tax Requirement” means that amount required in any Fiscal Year: (i) to pay annual debt service on all outstanding Bonds due in the calendar year which commences in such Fiscal Year; (ii) to pay periodic costs on the Bonds, including but not limited to, credit enhancement and rebate payments on the Bonds; (iii) to pay Administrative Expenses; (iv) to pay any anticipated shortfall due based on Special Tax delinquencies in the prior Fiscal Year; (v) to establish or replenish any reserve funds for the outstanding Bonds or with respect to Bonds expected to be issued in such Fiscal Year; (vi) until the final series of Bonds are issued as determined by the City Council, to pay directly for acquisition or construction of the facilities eligible under the Act, provided that the inclusion of such amount does not increase the levy of Special Tax on Approved Property or Undeveloped Property as set forth in Step 2 or Step 3 of section D below; less (vii) a credit for funds available to reduce the annual Special Tax levy as determined pursuant to the Indenture as determined by the Administrator.
“Taxable Property” means all Parcels for which the Special Taxes have not been prepaid in full pursuant to Section H. or that are not exempt from the Special Tax pursuant to law or Section E. “Taxable Unit” means either a Dwelling Unit or an Acre, as shown in Table 1. “Total Tax Burden” means for any Dwelling Unit, the annual Special Tax, together with ad valorem property taxes, special assessments, special taxes for any overlapping community facilities district, and any other taxes, fees, and charges which are levied and imposed on such Dwelling Unit and the real property on which it is located and collected by the County on ad valorem tax bills and which are secured by such Dwelling Unit and the real property on which it is located, assuming such Dwelling Unit had been completed, sold, and subject to such levies and impositions, excluding PACE Charges (or any other charge entered into voluntarily by the property owner) and service charges such as those related to sewer and trash.

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“Undeveloped Property” means all Parcels of Taxable Property not classified as Developed Property, Approved Property, Public Property, or Property Owners’ Association Property.

B. ASSIGNMENT TO LAND USE CATEGORY
Each Fiscal Year, commencing with the 2026-2027 Fiscal Year, all Parcels of Taxable Property shall be classified as Developed Property, Approved Property, Undeveloped Property, Public Property, and/or Property Owners’ Association Property, and subject to the levy of Special Taxes in accordance with this Rate and Method as determined pursuant to Sections C and D.

Parcels of Developed Property shall further be classified as Residential Property or Other Property.

Parcels of Residential Property shall further be classified as Single Family Property. Parcels of Single Family Property shall be further categorized into Land Use Categories based on the Residential Floor Area for such Parcel.

C. MAXIMUM SPECIAL TAX RATE

1. Developed Property
The Maximum Special Tax for each Parcel of Single Family Property shall be the greater of: (i) the applicable Assigned Special Tax described in Table 1 or (ii) the amount derived by application of the Backup Special Tax.

The Maximum Special Tax for each Parcel of Other Property shall be the Assigned Special Tax described in Table 1.

On each July 1, commencing July 1, 2026, the Maximum Special Tax shall be increased by an amount equal to two percent (2.0%) of the amount in effect for the previous Fiscal Year. July 1, 2043 shall be the final year the Maximum Special Tax increases. Following the Fiscal Year 2043-2044, the Maximum Special Tax shall not increase from the amount in effect for Fiscal Year 2043-2044. a. Assigned Special Tax
The Assigned Special Tax for each Parcel of Developed Property is shown in Table 1.

TABLE 1
Assigned Special Taxes for Developed Property
Fiscal Year 2025-2026
Land Use Category
Taxable
Unit Residential Floor Area
Assigned Special Tax
Per Taxable Unit

1. Single Family Property D/U Less than 2,100 sq. ft. $3,470

2. Single Family Property D/U 2,100 sq. ft. – 2,299 sq. ft. $3,735

3. Single Family Property D/U Greater than 2,299 sq. ft. $4,000

4. Other Property Acre N/A $31,262

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On each July 1, commencing July 1, 2026, the Assigned Special Tax shall be increased by an amount equal to two percent (2.0%) of the amount in effect for the previous Fiscal Year. July 1, 2043 shall be the final year the Assigned Special Tax increases. Following the Fiscal Year 2043-2044, the Assigned Special Tax shall not increase from the amount in effect for Fiscal Year 2043-2044. b. Backup Special Tax
When a Final Map is recorded, the Backup Special Tax for a Parcel classified or to be classified as Single Family Property within such Final Map shall be determined by multiplying the Undeveloped Property Maximum Special Tax per Acre by the total Acreage of Taxable Property within such Final Map, excluding the Acreage associated with (i) Public Property and/or Property Owners’ Association Property that is not Exempt Property pursuant to Section E and (ii) Other Property, , and dividing such amount by the number of Parcels within such Final Map classified as either (i) Single Family Property or (ii) Approved Property for which a Building Permit is expected to be issued for Single Family Property (i.e., the number of residential lots).

A Parcel that does not have any changes made to it after the initial assignment of the Backup Special Tax shall not be increased if other Parcels in a Final Map are changed. Prior to the issuance of Bonds, if Parcels classified or to be classified as Single Family Property are subsequently changed or modified by recordation of a lot line adjustment or similar instrument, then the Backup Special Tax shall be recalculated for the area that has been changed or modified using the methodology described in the preceding paragraph. Following the issuance of Bonds, no adjustments shall be made to the Backup Special Tax for any Parcel which would result in the reduction of debt service coverage, as projected at the time of Bond issuance.

The Backup Special Tax shall not apply to Other Property, Public Property, or Property Owners’ Association Property.

On each July 1, commencing July 1, 2026, the Backup Special Tax shall be increased by an amount equal to two percent (2.0%) of the amount in effect for the previous Fiscal Year. July 1, 2043 shall be the final year the Backup Special Tax increases. Following the Fiscal Year 2043-2044, the Backup Special Tax shall not increase from the amount in effect for Fiscal Year 2043-2044.

2. Approved Property
The Maximum Special Tax for each Parcel of Approved Property expected to be classified as Single Family Property shall be the Backup Special Tax computed pursuant to Section C.1.b above.

The Maximum Special Tax for each Parcel of Approved Property expected to be classified as Other Property shall be $31,262 per Acre.

3. Undeveloped Property
The Maximum Special Tax for each Parcel of Undeveloped Property is shown in Table 2 below.

TABLE 2
Undeveloped Property Maximum Special Tax

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Fiscal Year 2025-2026
Maximum Special Tax Per Acre
$31,262

4. Public Property and/or Property Owners’ Association Property that is not Exempt Property pursuant to the provisions of Section E.

The Maximum Special Tax for each Parcel of Public Property and/or Property Owners Association Property that is not Exempt Property shall be equal to the product of the applicable Undeveloped Property Maximum Special Tax rate per Acre in Table 2 multiplied by the Acreage of such Parcel.

5. Special Tax Reduction Prior to Issuance of First Series of Bonds.

Prior to the issuance of the first series of Bonds, the CFD shall do one of the following 1) select and engage a Price Point Consultant, where the Price Point Consultant shall prepare a Price Point Study setting forth the Minimum Sale Price of Dwelling Units within each Land Use Category of Residential Property or 2) select and engage a MAI Certified Appraiser, where the MAI Certified Appraiser shall prepare an appraisal setting forth at least the minimum market value of Dwelling Units within each Land Use Category of Residential Property. If, based upon such Price Point Study or appraisal, the Administrator calculates that the Total Tax Burden applicable to Dwelling Units within one or more Land Use Category of Residential Property to be constructed within the CFD exceeds 2.00% of the Minimum Sale Price of such Taxable Units, the Special Tax within such Land Use Category of Residential Property shall be reduced to the extent necessary to cause the Total Tax Burden applicable to Dwelling Units within such Land Use Category(ies) not to exceed 2.00% of the Minimum Sale Price of such Taxable Units. Each Special Tax reduction for a Land Use Category shall be calculated by the Administrator separately, and it shall not be required that such reduction be proportionate among Land Use Categories.

If the Special Tax for any Land Use Category is reduced pursuant to the preceding paragraph, the Administrator shall calculate a reduced Maximum Special Tax for Other Property and Undeveloped Property, as well as a reduced Backup Special Tax for Developed Property. The revised Backup Special Tax shall be equal to the Maximum Special Tax as set forth in Table 1, reduced by a percentage equal to the weighted average percentage reduction in the Special Tax for all Land Use Categories of Residential Property. The weighted average percentage will be calculated by taking the sum of the products of the number of Taxable Units constructed or expected to be constructed in each Land Use Category multiplied by the percentage change in the Special Tax for each Land Use Category (or 0 for Land Use Categories that are not changing). This amount is then divided by the total number of Dwelling Units constructed or expected to be constructed and converted to a percentage. The reduced Maximum Special Tax shall be used to compute the reduced Backup Special Tax. Following the issuance of Bonds, no adjustments shall be made to the Backup Special Tax for any Parcel which would result in the reduction of debt service coverage, as projected at the time of Bond issuance.

The Special Tax reductions, if required pursuant to this section, shall be reflected in an amended notice of Special Tax lien, which the CFD shall cause to be recorded by executing a certificate in substantially the form attached herein as Exhibit B.

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D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2026-2027 and for each following Fiscal Year, the City Council shall levy the Special Tax on all Taxable Property until the amount of Special Taxes equals the applicable Special Tax Requirement in accordance with the following steps:

First: The Special Tax shall be levied Proportionately on each Parcel of Developed Property at up to 100% of the applicable Assigned Special Tax rate as needed to satisfy the Special Tax Requirement; Second: If additional moneys are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Parcel of Approved Property at up to 100% of the Maximum Special Tax for Approved Property; Third: If additional moneys 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 Parcel of Undeveloped Property at up to 100% of the Maximum Special Tax for Undeveloped Property; Fourth: If additional moneys are needed to satisfy the Special Tax Requirement after the first three steps have been completed, the Special Tax to be levied on each Parcel of Developed Property for which the Maximum Special Tax is derived by the application of the Backup Special Tax shall be increased in equal percentages from the Assigned Special Tax up to the Maximum Special Tax for such Parcel;
Fifth: If additional moneys are needed to satisfy the Special Tax Requirement after the first four steps have been completed, the Special Tax shall be levied Proportionately on each Parcel of Taxable Property that is Public Property or Property Owners’ Association Property at up to 100% of the Maximum Special Tax for such Parcel.

Notwithstanding the above, under no circumstances will the Special Taxes levied in any Fiscal Year against any Parcel of Residential Property as a result of a delinquency in the payment of the Special Tax applicable to any other Parcel be increased by more than ten percent (10%) above the amount that would have been levied in that Fiscal Year had there never been any such delinquency or default.

E. EXEMPTIONS
The Administrator shall classify as Exempt Property all Parcels of (i) Public Property or (ii) Property Owners’ Association Property; provided that such classification shall not reduce the Acreage of all Taxable Property of the CFD to fewer than 10.87 Acres. The Administrator shall not classify a Parcel of Public Property or Property Owners’ Association Property as Exempt Property if such classification would reduce the Acreage of all Parcels of Taxable Property to fewer than 10.87 Acres. Such Parcels that cannot be classified as Exempt Property because such classification would reduce the Acreage of all Parcels of Taxable Property to fewer than 10.87 Acres will be classified as Property Owners’ Association Property or Public Property and will continue to be subject to Special Taxes. The Administrator shall classify such Parcels as Exempt Property in the chronological order in which property becomes Public Property or Property Owners’ Association Property.

F. MANNER OF COLLECTION

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The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes and shall be subject to the same penalties, the same procedure, sale and lien priority in the case of delinquency; provided, however, that the Administrator may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations of Improvement Area No. 4, and provided further that the CFD may covenant to foreclose and may actually foreclose on Parcels having delinquent Special Taxes as permitted by the Act.

G. APPEALS
Any taxpayer may file a written appeal of the Special Tax on his/her Parcel(s) with the Administrator, provided that the appellant is current in his/her payments of Special Taxes. During pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The Administrator shall review the appeal, meet with the appellant if the Administrator deems necessary, and advise the appellant of its determination. If the Administrator agrees with the appellant, the Administrator shall grant a credit to eliminate or reduce future Special Taxes on the appellant’s Parcel(s). No refunds of previously paid Special Taxes shall be made.

The Administrator shall interpret this Rate and Method and make determinations relative to the annual levy and administration of the Special Tax and any taxpayer who appeals, as herein specified.

The City Council may interpret this Rate and Method for purposes of clarifying any ambiguity and make determinations relative to the amount of Administrative Expenses.

H. PREPAYMENT OF SPECIAL TAX
The following definitions apply to this Section H:
“CFD Public Facilities” means $4,102,493, expressed in 2025 dollars, which shall increase by the Construction Inflation Index on July 1, 2026, and on each July 1 thereafter, or such lower number as (i) shall be determined by the Administrator as sufficient to provide the public facilities under the authorized bonding program, or (ii) shall be determined by the City Council concurrently with a covenant that the CFD will not issue any more Bonds.
“Construction Fund” means, collectively, an account specifically identified in the Indenture to hold funds which are currently available for expenditure to acquire or construct public facilities eligible under the Act and any account established prior to the issuance of Bonds for such purpose. “Construction Inflation Index” means the annual percentage change in the Engineering NewsRecord 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 Administrator that is reasonably comparable to the Engineering News-Record Building Cost Index for the City of Los Angeles. “Future Facilities Costs” means the CFD Public Facilities minus (i) Bond proceeds deposited in Construction Funds and accounts and (ii) other amounts (special taxes, interest earnings, etc.)

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allocated to Construction Funds and accounts that were available to fund such CFD Public Facilities prior to the date of prepayment, but not less than $0.
“Outstanding Bonds” means all previously issued Bonds, which will remain outstanding after the payment of principal from the amount of Special Taxes that have been levied, excluding Bonds to be redeemed at a later date with the proceeds of prior prepayments of Maximum Special Taxes.

1. Prepayment in Full
The Maximum Special Tax obligation may be prepaid and permanently satisfied for (i) Parcels of Developed Property, (ii) Parcels of Approved Property or Undeveloped Property for which a Building Permit has been issued, (iii) Approved Property or Undeveloped Property for which a Building Permit has not been issued, and (iv) Parcels of Public Property or Property Owners’ Association Property that are not Exempt Property pursuant to Section E. The Maximum Special Tax obligation applicable to a Parcel may be fully prepaid and the obligation to pay the Special Tax for such Parcel permanently satisfied as described herein; provided that a prepayment may be made only if there are no delinquent Special Taxes with respect to such Parcel at the time of prepayment. An owner of a Parcel intending to prepay the Maximum Special Tax obligation for such Parcel shall provide the Administrator with written notice of intent to prepay, and within 5 business days of receipt of such notice, the Administrator shall notify such owner of the amount of the non-refundable deposit determined to cover the cost to be incurred by the CFD in calculating the Prepayment Amount (as defined below) for the Parcel. Within 15 days of receipt of such non-refundable deposit, the Administrator shall notify such owner of the Prepayment Amount for the Parcel. Prepayment must be made not less than 60 days prior to the redemption date for any Bonds to be redeemed with the proceeds of such prepaid Special Taxes.

The Prepayment Amount (defined below) shall be calculated as follows (capitalized terms are defined below):

Bond Redemption Amount
plus Redemption Premium
plus Future Facilities Amount
plus Defeasance Amount
plus Administrative Fees and Expenses
less Reserve Fund Credit
Equals: Prepayment Amount
The Prepayment Amount shall be determined as of the proposed prepayment date as follows:

1. Confirm that no Special Tax delinquencies apply to such Parcel.

2. For a Parcel of Developed Property, compute the Maximum Special Tax for the Parcel. For a Parcel of Approved Property or Undeveloped Property for which a Building Permit has been issued, compute the Maximum Special Tax for the Parcel as though it was already designated as Developed Property, based upon the Building Permit which has been issued for the Parcel. For a Parcel of Approved Property or Undeveloped Property for which a Building Permit has not been issued, Public Property or Property Owners’ Association Property to be prepaid, compute the Maximum Special Tax for the Parcel.

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3. Divide the Maximum Special Tax derived pursuant to paragraph 2 by the total amount of Special Taxes that could be levied at the Maximum Special Tax at build out of all Parcels of Taxable Property based on the applicable Maximum Special Tax for Parcels of Developed Property not including any Parcels for which the Special Tax obligation has been previously prepaid.

4. Multiply the quotient derived pursuant to paragraph 3 by the principal amount of the Outstanding Bonds to determine the amount of Outstanding Bonds to be redeemed with the Prepayment Amount (the “Bond Redemption Amount”).

5. Multiply the Bond Redemption Amount by the applicable redemption premium, if any, on the Outstanding Bonds to be redeemed (the “Redemption Premium”).

6. Determine the Future Facilities Costs.

7. Multiply the quotient derived pursuant to paragraph 3 by the amount determined pursuant to paragraph 6 to determine the amount of Future Facilities Costs for the Parcel (the “Future Facilities Amount”).

8. Determine 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 on which Bonds can be redeemed from Special Tax prepayments.

9. Determine the Special Taxes levied on the Parcel in the current Fiscal Year which have not yet been paid.

10. Determine the amount the Administrator reasonably expects to derive from the investment of the Bond Redemption Amount and the Redemption Premium from the date of prepayment until the redemption date for the Outstanding Bonds to be redeemed with the Prepayment Amount.

11. Add the amounts derived pursuant to paragraphs 8 and 9 and subtract the amount derived pursuant to paragraph 10 (the “Defeasance Amount”).

12. Verify the administrative fees and expenses of the CFD, including the cost of computation of the Prepayment Amount, the cost to invest the Prepayment Amount, the cost of redeeming the Outstanding Bonds, and the cost of recording notices to evidence the prepayment of the Maximum Special Tax obligation for the Parcel and the redemption of Outstanding Bonds (the “Administrative Fees and Expenses”).

13. The reserve fund credit (the “Reserve Fund Credit”) shall equal the lesser of: (a) the expected reduction in the reserve requirement (as defined in the Indenture), if any, associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirement (as defined in the Indenture) in effect after the redemption of Outstanding Bonds as a result of the prepayment from the balance in the reserve fund on the prepayment date, but in no event shall such amount be less than zero.

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14. The Prepayment Amount is equal to the sum of the Bond Redemption Amount, the Redemption Premium, the Future Facilities Amount, the Defeasance Amount and the Administrative Fees and Expenses, less the Reserve Fund Credit.

15. From the Prepayment Amount, the Bond Redemption Amount, the Redemption Premium, and Defeasance Amount shall be deposited into the appropriate fund as established under the Indenture and be used to redeem Outstanding Bonds or make debt service payments. The Future Facilities Amount shall be deposited into the Construction Fund. The Administrative Fees and Expenses shall be retained by the CFD.

The Prepayment Amount may be sufficient to redeem other than a $5,000 increment of Bonds. In such event, the increment above $5,000 or an integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next redemption from other Special Tax prepayments of Outstanding Bonds or to make debt service payments.

As a result of the payment of the current Fiscal Year’s Special Tax levy as determined pursuant to paragraph 9 above, the Administrator shall remove the current Fiscal Year’s Special Tax levy for the Parcel from the County tax roll. With respect to any Parcel for which the Maximum Special Tax obligation is prepaid, the City Council shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of Maximum Special Tax obligation and the release of the Special Tax lien for the Parcel, and the obligation to pay the Special Tax for such Parcel shall cease.

Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the amount of Maximum Special Taxes that may be levied on all Parcels of Taxable Property after the proposed prepayment will be at least 1.1 times maximum annual debt service on the Bonds that will remain outstanding after the prepayment plus the estimated annual Administrative Expenses.

Tenders of Bonds in prepayment of the Maximum Special Tax obligation may be accepted upon the terms and conditions established by the City Council pursuant to the Act. However, the use of Bond tenders shall only be allowed on a case-by-case basis as specifically approved by the City Council.

2. Prepayment in Part
The Maximum Special Tax obligation for a Parcel of Developed Property, Approved Property or Undeveloped Property may be partially prepaid. For purposes of determining the partial prepayment amount, the provisions of Section H.1 shall be modified as provided by the following formula:

PP = ((PE –A) x F) +A
These terms have the following meaning:

PP = Partial Prepayment
PE = the Prepayment Amount calculated according to Section H.1 F = the percent by which the owner of the Parcel(s) is partially prepaying the Maximum Special Tax obligation
A = the Administrative Fees and Expenses determined pursuant to Section H.1

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The owner of a Parcel who desires to partially prepay the Maximum Special Tax obligation for the Parcel shall notify the Administrator of (i) such owner’s intent to partially prepay the Maximum Special Tax obligation, (ii) the percentage of the Maximum Special Tax obligation such owner wishes to prepay, and (iii) the company or agency that will be acting as the escrow agent, if any. Within 5 days of receipt of such notice, the Administrator shall notify such property owner of the amount of the non-refundable deposit determined to cover the cost to be incurred by the CFD in calculating the amount of a partial prepayment. Within 15 business days of receipt of such non-refundable deposit, the Administrator shall notify such owner of the amount of the Partial Prepayment for the Parcel. A Partial Prepayment must be made not less than 60 days prior to the redemption date for the Outstanding Bonds to be redeemed with the proceeds of the Partial Prepayment.

With respect to any Parcel for which the Maximum Special Tax obligation is partially prepaid, the Administrator shall (i) distribute the Partial Prepayment as provided in Paragraph 15 of Section H.1, and (ii) indicate in the records of the CFD that there has been a Partial Prepayment for the Parcel and that a portion of the Special Tax obligation equal to the remaining percentage (1.00 - F) of Special Tax obligation will continue on the Parcel pursuant to Section D.

I. TERM OF THE SPECIAL TAX
The Special Tax shall not be levied after the 2073-2074 Fiscal Year.

J. INTERPRETATIONS
The City Council may interpret this Rate and Method by ordinance or resolution for purposes of clarifying any vagueness or ambiguity. Any decision of the City Council shall be final and binding as to all persons.

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“EXHIBIT B”

CERTIFICATE OF MODIFICATION OF SPECIAL TAX
CITY OF PALM SPRINGS AND CFD NO. 2025-1 (SERENA PARK) IMPROVEMENT AREA NO. 4 CERTIFICATE Pursuant to Section C of the Rate and Method of Apportionment of Special Tax for Community Facilities District No. 2025-1 (Serena Park) of the City of Palm Springs (“CFD No. 2025-1”), the Special Tax for Residential Property and Other Property within CFD No. 2025-1 has been modified.

The information in Table 1 relating to the Special Tax for Developed Property within CFD No. 2025-1, as stated in Section C.1. of the Rate and Method of Apportionment, has been modified as follows:

Developed Property
The Maximum Special Tax for each Parcel of Single Family Property shall be the greater of: (i) the applicable Assigned Special Tax described in Table 1 or (ii) the amount derived by application of the Backup Special Tax.

The Maximum Special Tax for each Parcel of Other Property shall be the Assigned Special Tax described in Table 1.

On each July 1, commencing July 1, 2026, the Maximum Special Tax shall be increased by an amount equal to two percent (2.0%) of the amount in effect for the previous Fiscal Year. July 1, 2043 shall be the final year the Maximum Special Tax increases. Following the Fiscal Year 2043-2044, the Maximum Special Tax shall not increase from the amount in effect for Fiscal Year 2043-2044. a. Assigned Special Tax
The Assigned Special Tax for each Parcel of Developed Property is shown in Table 1.

TABLE 1
Assigned Special Taxes for Developed Property
Fiscal Year 20__-20__
Land Use Category
Taxable
Unit Residential Floor Area
Assigned Special Tax
Per Taxable Unit

1. Single Family Property D/U Less than 2,100 sq. ft. $______

2. Single Family Property D/U 2,100 sq. ft. – 2,299 sq. ft. $______

3. Single Family Property D/U Greater than 2,299 sq. ft. $______

4. Other Property Acre N/A $______

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CERTIFICATE OF MODIFICATION OF SPECIAL TAX
By execution hereof, the undersigned acknowledge, on behalf of the District and CFD No. 2025-1, receipt of this certificate and modification of the Rate and Method of Apportionment of Special Tax as set forth in this certificate.

CITY OF PALM SPRINGS
IMPROVEMENT AREA NO. 4 OF COMMUNITY FACILITIES DISTRICT NO. 2025-1 (SERENA PARK) By:_________________________________ Date:______________________

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ATTACHMENT F
Resolution Approving
Acquisition and Financing
Agreement
RESOLUTION NO. _____

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA APPROVING A FUNDING,

CONSTRUCTION AND ACQUISITION AGREEMENT
RELATING TO COMMUNITY FACILITIES DISTRICT NO.
2025-1 (SERENA PARK) AND AUTHORIZING RELATED

ACTIONS
WHEREAS, the City of Palm Springs (the “City”) is a municipal corporation and charter city duly organized and existing under and pursuant to the Constitution and the laws of the State of California (the “State”); and
WHEREAS, at the request of Serena 386, LLC, a Delaware limited liability company (the “Developer”), the developer of the Serena Park Project (the “Project”), the City Council of the City has authorized the formation of the Community Facilities District No. 2025-1 (Serena Park) of the City of Palm Springs, County of Riverside, State of California (the “CFD”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”); and

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Resolution No. ______

Page 1 ends

WHEREAS, the CFD is authorized to finance (i) the design, planning, engineering, installation and acquisition or construction of certain public facilities and improvements to be owned, operated or maintained by the City (the “Improvements”); and (ii) to the extent authorized by law, to satisfy the obligation of the Developer for the payment of certain fees to the City that are credited to the public facilities (the “Fees”); and WHEREAS, there has been presented to the City Council, the form of an Acquisition/Financing Agreement by and among the City and the Developer (the “Acquisition Agreement”) to establish the terms and conditions for acquiring and financing the Improvements and Fees.

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, HEREBY RESOLVES, DETERMINES AND APPROVES AS FOLLOWS:

SECTION 1. Findings. All of the preceding recitals are true and correct and are incorporated herein by this reference.

SECTION 2. Approval. The form of Acquisition Agreement as presented to this City Council and on file with the City Clerk is hereby approved. The City Manager and such other official or officials of the City as may be designated in writing by this City Council (each, an “Authorized Officer” and together, the “Authorized Officers”) are each authorized to execute the Acquisition Agreement for and on behalf of the City with such changes thereto as such Authorized Officer, following consultation with the City Attorney and Best Best & Krieger LLP, deem to be in the best interests of the City.

SECTION 3. Authorization. The Authorized Officers and other officers, employees and agents of the City, are hereby authorized and directed, jointly and severally, to do any and all things which they may deem necessary or advisable in order to consummate the transactions herein authorized and otherwise to carry out, give effect to and comply with the terms and intent of this Resolution. All actions heretofore taken by the Authorized Officers and other officers, employees and agents of the City with respect to the matters described herein are hereby approved, confirmed and ratified.

SECTION 4. Effective Date. This Resolution shall take effect immediately upon its adoption.

PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 10TH DAY OF DECEMBER, 2025.

SCOTT STILES, CITY MANAGER
ATTEST:

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BRENDA PREE, CITY CLERK

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )
I, BRENDA PREE, City Clerk of the City of Palm Springs, hereby certify that Resolution No. _____ is a full, true and correct copy as was duly adopted at a regular meeting of the City Council of the City of Palm Springs on December 10, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this 10th day of December, 2025.

BRENDA PREE, CITY CLERK

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ATTACHMENT G
Community Facilities District
(CFD) Report

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-
City of Palm Springs
Community Facilities District No. 2025-1
Prepared for:

December 2025
Community Facilities District Report

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Table of Contents
Sections
Section 1. Introduction_______________________________________________________ 1 Section 2. Description of Facilities/Improvements _________________________________ 2 Section 3. Cost Estimate ______________________________________________________ 3 Section 4. Proposed Development______________________________________________ 5 Section 5. Rate and Method of Apportionment____________________________________ 6 Tables
Table 3-1. Cost Estimate ______________________________________________________ 3 Appendices
Appendix A. Rate and Method of Apportionment
Appendix B. Boundary Map

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1. Introduction
City of Palm Springs Community Facilities District Report CFD No. 2025-1 (Serena Park) 1
AGENCY: CITY OF PALM SPRINGS
PROJECT: COMMUNITY FACILITIES DISTRICT NO. 2025-1
(SERENA PARK)
TO: CITY COUNCIL

CITY OF PALM SPRINGS

RIVERSIDE COUNTY

STATE OF CALIFORNIA
Whereas, the City Council of the CITY OF PALM SPRINGS, RIVERSIDE COUNTY, CALIFORNIA (hereinafter referred to as the “City Council”), did, pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”, being chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, and specifically Section 53321.5 thereof, (the “Act”) expressly ordered the filing of a written Public Report (the “Report”) for a proposed COMMUNITY FACILITIES DISTRICT NO. 2025-1 (SERENA PARK). This Community Facilities District shall be referred to as COMMUNITY FACILITIES DISTRICT NO. 2025-1 (SERENA PARK) of the CITY OF PALM SPRINGS (hereinafter referred to as the “District” and “CFD No. 2025-1”) Whereas, on October 22, 2025, the City Council adopted Resolution No. 25347 (the “Resolution”), and the Resolution ordering said Report, did direct that said Report generally contain the following:
• A description of the public facilities by type proposed to be financed by CFD No. 2025-1; • An estimate setting forth costs of providing such facilities; • The Rate and Method of Apportionment of Special Tax in sufficient detail to allow each landowner or resident within the proposed District to estimate the annual amount of payment thereof.

NOW, THEREFORE, the undersigned, authorized representative of WEBB MUNICIPAL FINANCE, LLC, the appointed Special Tax Consultant and responsible officer or person directed to prepare the Report, pursuant to the provisions of the Act, does hereby submit the following data:

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2. Description of Facilities/Improvements
City of Palm Springs Community Facilities District Report CFD No. 2025-1 (Serena Park) 2
Pursuant to Section 53340 of the Act, the proceeds of any Special Tax levied and collected by CFD No. 2025-1 may be used only to pay for the cost of providing public facilities and incidental expenses. As defined by the Act, incidental expenses include, but are not limited to, the annual cost associated with determination of the amount of Special Taxes, collection of Special Taxes, payment of Special Taxes, or costs otherwise incurred in order to carry out the authorized purposes of the community facilities district.

A general description of the proposed facilities for the District is as follows:

Facilities
The types of public facilities proposed to be provided for and financed by CFD No. 2025-1 and each improvement area therein are those authorized by the Act that are necessary for the development of the property within CFD No. 2025-1, including, but not limited to the following facilities to be owned by the City (either through construction or through payment of capital fees): street and transportation improvements including rights of way, curbs and gutters, paving, sidewalks, striping and signage, and other improvements relating thereto; park acquisition and improvements; storm drainage improvements; and sewer improvements.

Incidental Expenses
The Incidental Expenses to be paid from bond proceeds and/or Special Taxes include: all costs associated with the creation of CFD No. 2025-1, the issuance of bonds (which may include, but is not limited to, funding the reserve fund, capitalized interest, underwriter discount, underwriter premium, appraisals and cost of issuance), the determination of the amount of Special Taxes to be levied, costs otherwise incurred in order to carry out the authorized purposes of CFD No. 2025-1, including legal fees, fees of consultants, engineering, planning, designing and the annual administration cost of CFD No. 2025-1.

The description of the eligible public facilities and incidental expenses above are preliminary and general in nature.

The final plans and specifications approved by the applicable public agency may show substitutes or modifications in order to accomplish the work or serve the new development and any such substitution or modification shall not constitute a change or modification in the proceedings relating to CFD No. 2025-1.

Based upon the preceding, it is my opinion that the facilities being funded are those that are necessary to meet certain increased demands placed upon the City of Palm Springs, as a result of development and/or rehabilitation occurring within the boundaries of the District.

DATED: December 10, 2025 WEBB MUNICIPAL FINANCE, LLC
By: _______________________________

SPECIAL TAX CONSULTANT FOR

CITY OF PALM SPRINGS

RIVERSIDE COUNTY

STATE OF CALIFORNIA

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3. Cost Estimate
City of Palm Springs Community Facilities District Report CFD 2025-1
3 1. The cost estimate of the facilities eligible to be financed through the issuance of CFD No. 2025-1 Bonds is estimated to be $25,720,552 based upon current dollars (Fiscal Year 2025-26) for Improvement Areas 1, 2, 3, and 4.

2. For further particulars, reference is made to Table 3-1 on the following pages and incorporated herein by reference.

3. Pursuant to Section 53340 of the Act, the proceeds of any Special Tax levied and collected by CFD No. 2025-1 may be used only to pay for the cost of providing public facilities and incidental expenses. As defined by the Act, incidental expenses include, but are not limited to, the annual costs associated with determination of the amount of Special Taxes, collection of Special Taxes, payment of Special Taxes, or costs otherwise incurred in order to carry out the authorized purposes of the Community Facilities District. The incidental expenses associated with the annual administration of each Improvement Area of CFD No. 2025-1 are estimated to be $30,000 in the initial Fiscal Year. However, it is anticipated that the incidental expenses will vary due to inflation and other factors that may not be foreseen today, and the actual incidental expenses may exceed these amounts accordingly.

Table 3-1
Cost Estimate
Funding Requirements
Improvement
Area No. 1
Improvement
Area No. 2
Improvement
Area No. 3
Improvement
Area NO. 4
CFD No. 2025-1
Total

TOTAL ELIGIBLE PROJECT COSTS
Park Development Fees $811,800 $627,300 $934,800 $559,650 $2,933,550 Park Development Fees - Credit ($811,800) ($627,300) ($934,800) ($0) ($2,373,900) Drainage Fee - North $376,659 $318,014 $321,113 $135,805 $1,151,591 Sewer Facility Fee $132,792 $102,612 $152,912 $91,546 $479,862 Storm Drainage $1,723,881 $463,362 $497,787 $472,178 $3,157,208 Sewer System $1,029,365 $572,125
$
$1,223,574 $602,441 $3,427,505
Perimeter Walls $0 $0 $0 $465,125 $465,125
Curb & Gutter $702,027 $593,214 $650,069 $321,301 $2,266,611 Street Paving $1,083,379 $820,422 $1,367,898 $599,855 $3,871,554 Side Walk $276,338 $43,723 $0 $174,909 $494,970
Striping and Signage $17,000 $14,155 $20,175 $16,585 $67,915 Park $2,512,670 $0 $0 $0 $2,512,670
Prevailing Wage (25%) $1,836,165 $626,750 $939,876 $663,099 $4,065,890 DA Fee for Each IA $0 $845,596 $1,260,104 $0 $2,105,700 DA Fee for IA 1 $0 $439,444 $654,856 $0 $1,094,300
Total $9,690,276 $4,839,417 $7,088,364 $4,102,494 $25,720,551

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3. Cost Estimate
City of Palm Springs Community Facilities District Report CFD 2025-1
4 Estimated Funding Summary Improvement
Area No. 1
Improvement
Area No. 2
Improvement
Area No. 3
Improvement
Area No. 4
Total Estimated Bond Par Amount1 $8,610,000 $6,790,000 $9,790,000 $5,230,000 Total Estimated Incidental Expenses2
($1,327,065) ($1,160,381) ($1,560,482) ($905,923)
Total Estimated Project Fund $7,282,935 $5,629,619 $8,229,518 $4,324,077 Total Estimated Unfunded/Surplus Eligible Project
Costs ($2,407,341) $790,202 $1,141,154 $221,583
1 Par Amount Estimated based upon a 30-year issuance with interest rates between 5.25% and 5.85% and projected revenue, escalating at 2% through FY 2043/44 and 0% thereafter.
2 Estimated Incidental Expenses include Reserve Fund, Underwriters Discount, Capitalized Interest, and Incidental Expenses.

DATED: December 10, 2025 WEBB MUNICIPAL FINANCE, LLC
By: __________________________

SPECIAL TAX CONSULTANT FOR

CITY OF PALM SPRINGS

RIVERSIDE COUNTY

STATE OF CALIFORNIA

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4. Proposed Development
City of Palm Springs Community Facilities District Report CFD 2025-1
5 Improvement Area 1 is planned to contain approximately 17.86 net taxable acres within Tract Numbers 36691-1 and 36691-3. Improvement Area 1 is planned to be developed into 132 single-family detached units and is generally located west of Gene Autry Trail and northeast of Whitewater Club Drive in the City of Palm Springs. The proposed Improvement Area 1 boundaries include a portion of Assessor Parcel Number 501-190-011.

Improvement Area 2 is planned to contain approximately 18.41 net taxable acres within Tract Numbers 36691-4 and 36691-6. Improvement Area 2 is planned to be developed into 102 single-family detached units and is generally located west of Gene Autry Trail, northwest of Whitewater Club Drive and north of Joyce Drive in the City of Palm Springs. The proposed Improvement Area 2 boundaries include Assessor Parcel Number 669-590-066 and a portion of the following Assessor Parcel Numbers: 501-190-011 and 669-480-027.

Improvement Area 3 is planned to contain approximately 26.92 net taxable acres within Tract Numbers 36691-2, 36691-5 and 36691. Improvement Area 3 is planned to be developed into 152 single-family detached units and is generally located west and south of Whitewater Club Drive, north of Verona Road, east of Farrell Drive and south of Savanna Way in the City of Palm Springs. The proposed Improvement Area 3 boundaries include a portion of the following Assessor Parcel Numbers: 501-190-011 and 669-480-027.

Improvement Area 4 is planned to contain approximately 12.08 net taxable acres within Tract Numbers 38042 and 39267. Improvement Area 4 is planned to be developed into 91 single-family detached units and is generally located west of Gene Autry Trail and east of Los Alamos Road in the City of Palm Springs. The proposed Improvement Area 4 boundaries include the following Assessor Parcel Numbers: 677-020-032 and 677-030-034.

The Boundary Map for CFD No. 2025-1 is attached hereto as Appendix B (the “Boundary Map”).

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5. Rate and Method of Apportionment
City of Palm Springs Community Facilities District Report CFD 2025-1
6 1. Each Rate and Method of Apportionment provides sufficient detail to allow each property owner within the proposed District to calculate the Maximum Special Tax for their property. Each Rate and Method of Apportionment of the Special Tax for the District, established pursuant to these proceedings, is attached hereto as Appendix A (the “Rate and Method of Apportionment”). The Special Tax will be collected in the same manner and at the same time as ad valorem property taxes and subject to the same penalties and provisions; however, the Special Tax may be collected at a different time or in a different manner if necessary for CFD No. 2025-1 to meet its financial obligations and may covenant to foreclose on delinquent parcels as permitted by the Act.

2. All of the property located within CFD No. 2025-1, unless exempted by law or by the Special Tax proposed for CFD No. 2025-1, shall be taxed for the purpose of providing necessary facilities to serve the District. The Boundary Map for CFD No. 2025-1 is attached hereto as Appendix B. Pursuant to Section 53325.3 of the Act, the tax imposed “is a Special Tax and not a special assessment, and there is no requirement that the tax be apportioned on the basis of benefit to any property.” The Special Tax may be based on benefit received by property, the cost of making facilities available or other reasonable basis as determined by the City Council, although the Special Tax may not be apportioned on an ad valorem basis pursuant to Article XIIIA of the California Constitution. A property owner within the District may choose to prepay in whole or in part the Special Tax. The available method for so doing is described in Section H of each Rate and Method (“Prepayment of Special Tax”).

For each year that any Bonds are outstanding, the Special Tax shall be levied on all Parcels in accordance with the Rate and Method of Apportionment. If any delinquent Special Taxes remain uncollected prior to or after all Bonds are retired, the Special Tax may be levied to the extent necessary to reimburse the CFD for uncollected Special Taxes and costs associated with the levy of such Special Taxes, but the Special Tax shall not be levied after the 2065-2066 Fiscal Year for Improvement Area 1, the 2068-2069 Fiscal Year for Improvement Area 2, the 2070-2071 Fiscal Year for Improvement Area 3, and the 2073-2074 Fiscal Year for Improvement Area 4.

3. For particulars as to each Rate and Method of Apportionment, see the attached and incorporated Appendix A.

It is my opinion that each Rate and Method of Apportionment, described above and set forth in Appendix A, is fair and reasonable.

This Report has been prepared and consolidated by the Special Tax Consultant, Webb Municipal Finance, LLC, and is herewith submitted to the City Council pursuant to the applicable provisions of the Mello-Roos Community Facilities Act of 1982.

DATED: December 10, 2025 WEBB MUNICIPAL FINANCE, LLC
By: _______________________________

SPECIAL TAX CONSULTANT FOR

CITY OF PALM SPRINGS

RIVERSIDE COUNTY

STATE OF CALIFORNIA

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5. Rate and Method of Apportionment
City of Palm Springs Community Facilities District Report CFD 2025-1
7 1. Each Rate and Method of Apportionment allows each property owner within the proposed District to estimate the annual amount that would be required for payment. Each Rate and Method of Apportionment of the Special Tax for the District, established pursuant to these proceedings, is attached hereto as Appendix A (the “Rate and Method of Apportionment”). The Special Tax will be collected in the same manner and at the same time as ad valorem property taxes and subject to the same penalties and provisions; however, the Special Tax may be collected at a different time or in a different manner if necessary for CFD No. 2025-1 to meet its financial obligations and may covenant to foreclose on delinquent parcels as permitted by the Act.

2. All of the property located within CFD No. 2025-1, unless exempted by law or by the Special Tax proposed for CFD No. 2025-1, shall be taxed for the purpose of providing necessary facilities to serve the District. The Boundary Map for CFD No. 2025-1 is attached hereto as Appendix B. Pursuant to Section 53325.3 of the Act, the tax imposed “is a Special Tax and not a special assessment, and there is no requirement that the tax be apportioned on the basis of benefit to any property.” The Special Tax may be based on benefit received by property, the cost of making facilities available or other reasonable basis as determined by the City Council, although the Special Tax may not be apportioned on an ad valorem basis pursuant to Article XIIIA of the California Constitution. A property owner within the District may choose to prepay in whole or in part the Special Tax. The available method for so doing is described in Section H of each Rate and Method (“Prepayment of Special Tax”).

For each year that any Bonds are outstanding, the Special Tax shall be levied on all Parcels in accordance with the Rate and Method of Apportionment. If any delinquent Special Taxes remain uncollected prior to or after all Bonds are retired, the Special Tax may be levied to the extent necessary to reimburse the CFD for uncollected Special Taxes and costs associated with the levy of such Special Taxes, but the Special Tax shall not be levied after the 2065-2066 Fiscal Year for Improvement Area 1, the 2068-2069 Fiscal Year for Improvement Area 2, the 2070-2071 Fiscal Year for Improvement Area 3, and the 2073-2074 Fiscal Year for Improvement Area 4.

3. For particulars as to each Rate and Method of Apportionment, see the attached and incorporated Appendix A.

It is my opinion that each Rate and Method of Apportionment, described above and set forth in Appendix A, is fair and reasonable.

This Report has been prepared and consolidated by the Special Tax Consultant, Webb Municipal Finance, LLC, and is herewith submitted to the City Council pursuant to the applicable provisions of the Mello-Roos Community Facilities Act of 1982.

DATED: December 10, 2025 WEBB MUNICIPAL FINANCE, LLC
By: _______________________________

SPECIAL TAX CONSULTANT FOR

CITY OF PALM SPRINGS

RIVERSIDE COUNTY

STATE OF CALIFORNIA

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APPENDIX A
Rate and Method of Apportionment

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A-1

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
IMPROVEMENT AREA NO. 1 OF
COMMUNITY FACILITIES DISTRICT NO. 2025-1 (SERENA PARK)

OF THE CITY OF PALM SPRINGS
A Special Tax (all capitalized terms are defined in Section A, “Definitions”, below) shall be applicable to each Parcel of Taxable Property located within the boundaries of Improvement Area No. 1 of the CFD.

The amount of Special Tax to be levied in each Fiscal Year, on a Parcel, shall be determined by the City Council of The City of Palm Springs, acting in its capacity as the legislative body of the CFD by applying the appropriate Special Tax for Developed Property, Approved Property, Undeveloped Property, Public Property, and/or Property Owners’ Association Property that is not Exempt Property as set forth in Sections B, C, and D, below. All of the real property within Improvement Area No. 1, unless exempted by law or by the provisions hereof in Section E, 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:
“Acre” or “Acreage” means the acreage of a Parcel as indicated on the most recent Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area shown on the applicable Final Map, parcel map, condominium plan, or other similar instrument. “Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Part 1 of Division 2 of Title 5 of the California Government Code of the State of California. “Administrative Expenses” means all actual or reasonably estimated costs and expenses of the City related to Improvement Area No. 1 that are chargeable or allocable to carry out its duties as the administrator as allowed by the Act, which shall include without limitation, all costs and expenses arising out of or resulting from the annual levy and collection of the Special Tax, trustee fees, rebate compliance calculation fees, any litigation involving the CFD, continuing disclosure undertakings of the City as imposed by applicable laws and regulations, communication with bondholders and normal administrative expenses.
“Administrator” means an official of the City, or designee thereof, responsible for determining the annual amount of the levy and collection of the Special Taxes. “Approved Property” means all Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to the January 1st preceding the Fiscal Year in which the Special Tax is being levied, and (ii) that have not been issued a Building Permit on or prior to the April 1st preceding the Fiscal Year in which the Special Tax is being levied.
“Assessor’s Parcel Map” means an official map of the Assessor of the County of Riverside designating parcels by Assessor’s Parcel number.
“Assigned Special Tax” means the Special Tax for each Land Use Category of Developed Property, as determined in accordance with Section C.1.a., below.
“Backup Special Tax” means the Special Tax amount set forth in Section C.1.b., below.

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A-2
“Bonds” means any bonds or other indebtedness (as defined in the Act), whether in one or more series, issued by the CFD and secured by the levy of Improvement Area No. 1 Special Taxes. “Boundary Map” means a recorded map, as amended, of the CFD which indicates the boundaries of Improvement Area No. 1 of the CFD.
“Building Permit” means the first legal document issued by a local agency giving official permission for new construction. For purposes of this definition, “Building Permit” may or may not include any subsequent building permits issued or changed after the first issuance, as determined by the Administrator.
“CFD” means Community Facilities District No. 2025-1 (Serena Park) of The City of Palm Springs established pursuant to the Act.
“City” means The City of Palm Springs.
“City Council” means the City Council of The City of Palm Springs. “County” means the County of Riverside.
“Developed Property” means all Parcels of Taxable Property that are included in a Final Map that was recorded prior to January 1st preceding the Fiscal Year in which the Special Tax is being levied and for which a Building Permit for new construction has been issued on or prior to April 1st preceding the Fiscal Year in which the Special Tax is being levied.
“Dwelling Unit” or “(D/U)” means a residential unit that is offered for sale (and not for rent) that is used or permitted to be used as a domicile by one or more persons, as determined by the Administrator.
“Exempt Property” means any Parcel which is exempt from Special Taxes pursuant to Section E below. “Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 4285 that creates individual lots for which Building Permits may be issued without further subdivision. “Fiscal Year” means the 12 month period starting on July 1 of any calendar year and ending on the following June 30.
“Improvement Area No. 1” or “IA No. 1” means the property in the CFD designated as Improvement Area No. 1 on the Boundary Map.
“Indenture” means the bond indenture, fiscal agent agreement, trust 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 Category” means any of the categories listed in Table 1. “MAI Certified Appraiser” or “Appraiser” means a certified appraiser and member of the Appraisal Institute who has met strict testing, standards and experience requirements.

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A-3
“Maximum Special Tax” means for each Parcel, the maximum Special Tax, determined in accordance with Section C, which can be levied in any Fiscal Year on such Parcel. “Minimum Sale Price” means the minimum price at which Dwelling Units of a given Land Use Category have sold or are expected to be sold in a normal marketing environment and shall not include prices for such Dwelling Units that are sold at a discount to expected sales prices for the purpose of stimulating the initial sales activity with respect to such Land Use Category. No incentives or discounts offered by the seller will be deducted from expected or sold home prices. “Other Property” means all Parcels of Developed Property for which a Building Permit was issued for any type of use other than Single Family Property.
“Parcel(s)” means a lot or parcel shown on an Assessor’s Parcel Map located in Improvement Area No. 1.
“Price Point Consultant” means any consultant or firm of such consultants selected by the CFD that (a) has substantial experience in performing price point studies for Residential Property within community facilities districts established under the Act or otherwise estimating or confirming pricing for Dwelling Units of Residential Property in such community facilities districts, (b) has recognized expertise in analyzing economic and real estate data that relates to the pricing of Dwelling Units of Residential Property in such community facilities districts, (c) is in fact independent and not under the control of the CFD or the City, (d) does not have any substantial interest, direct or indirect, with or in (i) the CFD, (ii) the City, (iii) any owner of real property in the CFD, or (iv) any real property in the CFD, and (e) is not connected with the CFD or the City as an officer or employee thereof, but who may be regularly retained to make reports to the CFD or the City. “Price Point Study” means a price point study or a letter updating a previous price point study prepared by the Price Point Consultant pursuant to Section C.5 herein. “Property Owners’ Association Property” means all Parcels which, as of July 1st of the Fiscal Year in which the Special Tax is being levied, have been conveyed, dedicated to, or irrevocably offered for dedication to a property owner association, including any master or sub-association. “Proportionately” means for Taxable Property that is (i) Developed Property, that the ratio of the actual Special Tax levy to the Assigned Special Tax is the same for all Parcels of Developed Property, (ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Approved Property, and (iii) Undeveloped Property, Public Property, and Property Owners’ Association Property, that the ratio of the actual Special Tax levy per acre to the Maximum Special Tax per acre is the same for all Parcels of Undeveloped Property, Public Property, and Property Owners’ Association Property.
“Public Property” means all Parcels which, as of July 1st of the Fiscal Year in which the Special Tax is being levied, are used for rights-of-way or any other purpose and is owned by, dedicated to, or irrevocably offered for dedication to the federal government, the State of California, the County, or any other local jurisdiction, provided, however, that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified according to its use.
“Rate and Method” means this Rate and Method of Apportionment of Special Tax for Improvement Area No. 1 of Community Facilities District No. 2025-1 (Serena Park) of The City of Palm Springs.

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A-4
“Residential Floor Area” means all of the square footage of living area of a residential structure, not including any carport, walkway, garage, overhang, patio, enclosed patio or similar area on a Parcel.

The determination of Residential Floor Area shall be made by reference to the original Building Permit issued for the Parcel or, if the Building Permit is not available by reference to a similar official document as selected by the Administrator.
“Residential Property” means all Parcels of Developed Property for which a Building Permit has been issued for purposes of constructing one or more Dwelling Units. “Single Family Property” means all Parcels of Residential Property. “Special Tax(es)” means the special tax to be levied in each Fiscal Year pursuant to the Rate and Method on each Parcel of Taxable Property in accordance with Section D. “Special Tax Requirement” means that amount required in any Fiscal Year: (i) to pay annual debt service on all outstanding Bonds due in the calendar year which commences in such Fiscal Year; (ii) to pay periodic costs on the Bonds, including but not limited to, credit enhancement and rebate payments on the Bonds; (iii) to pay Administrative Expenses; (iv) to pay any anticipated shortfall due based on Special Tax delinquencies in the prior Fiscal Year; (v) to establish or replenish any reserve funds for the outstanding Bonds or with respect to Bonds expected to be issued in such Fiscal Year; (vi) until the final series of Bonds are issued as determined by the City Council, to pay directly for acquisition or construction of the facilities eligible under the Act, provided that the inclusion of such amount does not increase the levy of Special Tax on Approved Property or Undeveloped Property as set forth in Step 2 or Step 3 of section D below; less (vii) a credit for funds available to reduce the annual Special Tax levy as determined pursuant to the Indenture as determined by the Administrator. “Taxable Property” means all Parcels for which the Special Taxes have not been prepaid in full pursuant to Section H. or that are not exempt from the Special Tax pursuant to law or Section E. “Taxable Unit” means either a Dwelling Unit or an Acre, as shown in Table 1. “Total Tax Burden” means for any Dwelling Unit, the annual Special Tax, together with ad valorem property taxes, special assessments, special taxes for any overlapping community facilities district, and any other taxes, fees, and charges which are levied and imposed on such Dwelling Unit and the real property on which it is located and collected by the County on ad valorem tax bills and which are secured by such Dwelling Unit and the real property on which it is located, assuming such Dwelling Unit had been completed, sold, and subject to such levies and impositions, excluding PACE Charges (or any other charge entered into voluntarily by the property owner) and service charges such as those related to sewer and trash.
“Undeveloped Property” means all Parcels of Taxable Property not classified as Developed Property, Approved Property, Public Property, or Property Owners’ Association Property.

B. ASSIGNMENT TO LAND USE CATEGORY
Each Fiscal Year, commencing with the 2026-2027 Fiscal Year, all Parcels of Taxable Property shall be classified as Developed Property, Approved Property, Undeveloped Property, Public Property, and/or Property Owners’ Association Property, and subject to the levy of Special Taxes in accordance with this Rate and Method as determined pursuant to Sections C and D.

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Parcels of Developed Property shall further be classified as Residential Property or Other Property.

Parcels of Residential Property shall further be classified as Single Family Property. Parcels of Single Family Property shall be further categorized into Land Use Categories based on the Residential Floor Area for such Parcel.

C. MAXIMUM SPECIAL TAX RATE

1. Developed Property
The Maximum Special Tax for each Parcel of Single Family Property shall be the greater of: (i) the applicable Assigned Special Tax described in Table 1 or (ii) the amount derived by application of the Backup Special Tax.

The Maximum Special Tax for each Parcel of Other Property shall be the Assigned Special Tax described in Table 1.

On each July 1, commencing July 1, 2026, the Maximum Special Tax shall be increased by an amount equal to two percent (2.0%) of the amount in effect for the previous Fiscal Year. July 1, 2043 shall be the final year the Maximum Special Tax increases. Following the Fiscal Year 2043-2044, the Maximum Special Tax shall not increase from the amount in effect for Fiscal Year 2043-2044. a. Assigned Special Tax
The Assigned Special Tax for each Parcel of Developed Property is shown in Table 1.

TABLE 1
Assigned Special Taxes for Developed Property
Fiscal Year 2025-2026
Land Use Category
Taxable
Unit Residential Floor Area
Assigned Special Tax
Per Taxable Unit

1. Single Family Property D/U Less than 2,100 sq. ft. $3,825

2. Single Family Property D/U 2,100 sq. ft. – 2,299 sq. ft. $4,110

3. Single Family Property D/U Greater than 2,299 sq. ft. $4,425

4. Other Property Acre N/A $33,834
On each July 1, commencing July 1, 2026, the Assigned Special Tax shall be increased by an amount equal to two percent (2.0%) of the amount in effect for the previous Fiscal Year. July 1, 2043 shall be the final year the Assigned Special Tax increases. Following the Fiscal Year 2043-2044, the Assigned Special Tax shall not increase from the amount in effect for Fiscal Year 2043-2044. b. Backup Special Tax
When a Final Map is recorded, the Backup Special Tax for a Parcel classified or to be classified as Single Family Property within such Final Map shall be determined by multiplying the Undeveloped Property Maximum Special Tax per Acre by the total Acreage of Taxable Property within such Final Map,

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excluding the Acreage associated with (i) Public Property and/or Property Owners’ Association Property that is not Exempt Property pursuant to Section E and (ii) Other Property, , and dividing such amount by the number of Parcels within such Final Map classified as either (i) Single Family Property or (ii) Approved Property for which a Building Permit is expected to be issued for Single Family Property (i.e., the number of residential lots).

A Parcel that does not have any changes made to it after the initial assignment of the Backup Special Tax shall not be increased if other Parcels in a Final Map are changed. Prior to the issuance of Bonds, if Parcels classified or to be classified as Single Family Property are subsequently changed or modified by recordation of a lot line adjustment or similar instrument, then the Backup Special Tax shall be recalculated for the area that has been changed or modified using the methodology described in the preceding paragraph. Following the issuance of Bonds, no adjustments shall be made to the Backup Special Tax for any Parcel which would result in the reduction of debt service coverage, as projected at the time of Bond issuance.

The Backup Special Tax shall not apply to Other Property, Public Property, or Property Owners’ Association Property.

On each July 1, commencing July 1, 2026, the Backup Special Tax shall be increased by an amount equal to two percent (2.0%) of the amount in effect for the previous Fiscal Year. July 1, 2043 shall be the final year the Backup Special Tax increases. Following the Fiscal Year 2043-2044, the Backup Special Tax shall not increase from the amount in effect for Fiscal Year 2043-2044.

2. Approved Property
The Maximum Special Tax for each Parcel of Approved Property expected to be classified as Single Family Property shall be the Backup Special Tax computed pursuant to Section C.1.b above.

The Maximum Special Tax for each Parcel of Approved Property expected to be classified as Other Property shall be $33,834 per Acre.

3. Undeveloped Property
The Maximum Special Tax for each Parcel of Undeveloped Property is shown in Table 2 below.

TABLE 2
Undeveloped Property Maximum Special Tax
Fiscal Year 2025-2026
Maximum Special Tax Per Acre
$33,834

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4. Public Property and/or Property Owners’ Association Property that is not Exempt Property pursuant to the provisions of Section E.

The Maximum Special Tax for each Parcel of Public Property and/or Property Owners Association Property that is not Exempt Property shall be equal to the product of the applicable Undeveloped Property Maximum Special Tax rate per Acre in Table 2 multiplied by the Acreage of such Parcel.

5. Special Tax Reduction Prior to Issuance of First Series of Bonds.

Prior to the issuance of the first series of Bonds, the CFD shall do one of the following 1) select and engage a Price Point Consultant, where the Price Point Consultant shall prepare a Price Point Study setting forth the Minimum Sale Price of Dwelling Units within each Land Use Category of Residential Property or 2) select and engage a MAI Certified Appraiser, where the MAI Certified Appraiser shall prepare an appraisal setting forth at least the minimum market value of Dwelling Units within each Land Use Category of Residential Property. If, based upon such Price Point Study or appraisal, the Administrator calculates that the Total Tax Burden applicable to Dwelling Units within one or more Land Use Category of Residential Property to be constructed within the CFD exceeds 2.00% of the Minimum Sale Price of such Taxable Units, the Special Tax within such Land Use Category of Residential Property shall be reduced to the extent necessary to cause the Total Tax Burden applicable to Dwelling Units within such Land Use Category(ies) not to exceed 2.00% of the Minimum Sale Price of such Taxable Units. Each Special Tax reduction for a Land Use Category shall be calculated by the Administrator separately, and it shall not be required that such reduction be proportionate among Land Use Categories.

If the Special Tax for any Land Use Category is reduced pursuant to the preceding paragraph, the Administrator shall calculate a reduced Maximum Special Tax for Other Property and Undeveloped Property, as well as a reduced Backup Special Tax for Developed Property. The revised Backup Special Tax shall be equal to the Maximum Special Tax as set forth in Table 1, reduced by a percentage equal to the weighted average percentage reduction in the Special Tax for all Land Use Categories of Residential Property. The weighted average percentage will be calculated by taking the sum of the products of the number of Taxable Units constructed or expected to be constructed in each Land Use Category multiplied by the percentage change in the Special Tax for each Land Use Category (or 0 for Land Use Categories that are not changing). This amount is then divided by the total number of Dwelling Units constructed or expected to be constructed and converted to a percentage. The reduced Maximum Special Tax shall be used to compute the reduced Backup Special Tax. Following the issuance of Bonds, no adjustments shall be made to the Backup Special Tax for any Parcel which would result in the reduction of debt service coverage, as projected at the time of Bond issuance.

The Special Tax reductions, if required pursuant to this section, shall be reflected in an amended notice of Special Tax lien, which the CFD shall cause to be recorded by executing a certificate in substantially the form attached herein as Exhibit B.

D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2026-2027 and for each following Fiscal Year, the City Council shall levy the Special Tax on all Taxable Property until the amount of Special Taxes equals the applicable Special Tax Requirement in accordance with the following steps:

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First: The Special Tax shall be levied Proportionately on each Parcel of Developed Property at up to 100% of the applicable Assigned Special Tax rate as needed to satisfy the Special Tax Requirement; Second: If additional moneys are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Parcel of Approved Property at up to 100% of the Maximum Special Tax for Approved Property; Third: If additional moneys 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 Parcel of Undeveloped Property at up to 100% of the Maximum Special Tax for Undeveloped Property; Fourth: If additional moneys are needed to satisfy the Special Tax Requirement after the first three steps have been completed, the Special Tax to be levied on each Parcel of Developed Property for which the Maximum Special Tax is derived by the application of the Backup Special Tax shall be increased in equal percentages from the Assigned Special Tax up to the Maximum Special Tax for such Parcel;
Fifth: If additional moneys are needed to satisfy the Special Tax Requirement after the first four steps have been completed, the Special Tax shall be levied Proportionately on each Parcel of Taxable Property that is Public Property or Property Owners’ Association Property at up to 100% of the Maximum Special Tax for such Parcel.

Notwithstanding the above, under no circumstances will the Special Taxes levied in any Fiscal Year against any Parcel of Residential Property as a result of a delinquency in the payment of the Special Tax applicable to any other Parcel be increased by more than ten percent (10%) above the amount that would have been levied in that Fiscal Year had there never been any such delinquency or default.

E. EXEMPTIONS
The Administrator shall classify as Exempt Property all Parcels of (i) Public Property or (ii) Property Owners’ Association Property; provided that such classification shall not reduce the Acreage of all Taxable Property of the CFD to fewer than 16.07 Acres. The Administrator shall not classify a Parcel of Public Property or Property Owners’ Association Property as Exempt Property if such classification would reduce the Acreage of all Parcels of Taxable Property to fewer than 16.07 Acres. Such Parcels that cannot be classified as Exempt Property because such classification would reduce the Acreage of all Parcels of Taxable Property to fewer than 16.07 Acres will be classified as Property Owners’ Association Property or Public Property and will continue to be subject to Special Taxes. The Administrator shall classify such Parcels as Exempt Property in the chronological order in which property becomes Public Property or Property Owners’ Association Property.

F. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes and shall be subject to the same penalties, the same procedure, sale and lien priority in the case of delinquency; provided, however, that the Administrator may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet the financial

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obligations of Improvement Area No. 1, and provided further that the CFD may covenant to foreclose and may actually foreclose on Parcels having delinquent Special Taxes as permitted by the Act.

G. APPEALS
Any taxpayer may file a written appeal of the Special Tax on his/her Parcel(s) with the Administrator, provided that the appellant is current in his/her payments of Special Taxes. During pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The Administrator shall review the appeal, meet with the appellant if the Administrator deems necessary, and advise the appellant of its determination. If the Administrator agrees with the appellant, the Administrator shall grant a credit to eliminate or reduce future Special Taxes on the appellant’s Parcel(s). No refunds of previously paid Special Taxes shall be made.

The Administrator shall interpret this Rate and Method and make determinations relative to the annual levy and administration of the Special Tax and any taxpayer who appeals, as herein specified.

The City Council may interpret this Rate and Method for purposes of clarifying any ambiguity and make determinations relative to the amount of Administrative Expenses.

H. PREPAYMENT OF SPECIAL TAX
The following definitions apply to this Section H:
“CFD Public Facilities” means $9,690,276, expressed in 2025 dollars, which shall increase by the Construction Inflation Index on July 1, 2026, and on each July 1 thereafter, or such lower number as (i) shall be determined by the Administrator as sufficient to provide the public facilities under the authorized bonding program, or (ii) shall be determined by the City Council concurrently with a covenant that the CFD will not issue any more Bonds.
“Construction Fund” means, collectively, an account specifically identified in the Indenture to hold funds which are currently available for expenditure to acquire or construct public facilities eligible under the Act and any account established prior to the issuance of Bonds for such purpose. “Construction Inflation Index” means the annual percentage change in the Engineering 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 Administrator that is reasonably comparable to the Engineering News-Record Building Cost Index for the City of Los Angeles. “Future Facilities Costs” means the CFD Public Facilities minus (i) Bond proceeds deposited in Construction Funds and accounts and (ii) other amounts (special taxes, interest earnings, etc.) allocated to Construction Funds and accounts that were available to fund such CFD Public Facilities prior to the date of prepayment, but not less than $0.
“Outstanding Bonds” means all previously issued Bonds, which will remain outstanding after the payment of principal from the amount of Special Taxes that have been levied, excluding Bonds to be redeemed at a later date with the proceeds of prior prepayments of Maximum Special Taxes.

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1. Prepayment in Full
The Maximum Special Tax obligation may be prepaid and permanently satisfied for (i) Parcels of Developed Property, (ii) Parcels of Approved Property or Undeveloped Property for which a Building Permit has been issued, (iii) Approved Property or Undeveloped Property for which a Building Permit has not been issued, and (iv) Parcels of Public Property or Property Owners’ Association Property that are not Exempt Property pursuant to Section E. The Maximum Special Tax obligation applicable to a Parcel may be fully prepaid and the obligation to pay the Special Tax for such Parcel permanently satisfied as described herein; provided that a prepayment may be made only if there are no delinquent Special Taxes with respect to such Parcel at the time of prepayment. An owner of a Parcel intending to prepay the Maximum Special Tax obligation for such Parcel shall provide the Administrator with written notice of intent to prepay, and within 5 business days of receipt of such notice, the Administrator shall notify such owner of the amount of the non-refundable deposit determined to cover the cost to be incurred by the CFD in calculating the Prepayment Amount (as defined below) for the Parcel. Within 15 days of receipt of such non-refundable deposit, the Administrator shall notify such owner of the Prepayment Amount for the Parcel. Prepayment must be made not less than 60 days prior to the redemption date for any Bonds to be redeemed with the proceeds of such prepaid Special Taxes.

The Prepayment Amount (defined below) shall be calculated as follows (capitalized terms are defined below):

Bond Redemption Amount
plus Redemption Premium
plus Future Facilities Amount
plus Defeasance Amount
plus Administrative Fees and Expenses
less Reserve Fund Credit
Equals: Prepayment Amount
The Prepayment Amount shall be determined as of the proposed prepayment date as follows:

1. Confirm that no Special Tax delinquencies apply to such Parcel.

2. For a Parcel of Developed Property, compute the Maximum Special Tax for the Parcel. For a Parcel of Approved Property or Undeveloped Property for which a Building Permit has been issued, compute the Maximum Special Tax for the Parcel as though it was already designated as Developed Property, based upon the Building Permit which has been issued for the Parcel. For a Parcel of Approved Property or Undeveloped Property for which a Building Permit has not been issued, Public Property or Property Owners’ Association Property to be prepaid, compute the Maximum Special Tax for the Parcel.

3. Divide the Maximum Special Tax derived pursuant to paragraph 2 by the total amount of Special Taxes that could be levied at the Maximum Special Tax at build out of all Parcels of Taxable Property based on the applicable Maximum Special Tax for Parcels of Developed Property not including any Parcels for which the Special Tax obligation has been previously prepaid.

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4. Multiply the quotient derived pursuant to paragraph 3 by the principal amount of the Outstanding Bonds to determine the amount of Outstanding Bonds to be redeemed with the Prepayment Amount (the “Bond Redemption Amount”).

5. Multiply the Bond Redemption Amount by the applicable redemption premium, if any, on the Outstanding Bonds to be redeemed (the “Redemption Premium”).

6. Determine the Future Facilities Costs.

7. Multiply the quotient derived pursuant to paragraph 3 by the amount determined pursuant to paragraph 6 to determine the amount of Future Facilities Costs for the Parcel (the “Future Facilities Amount”).

8. Determine 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 on which Bonds can be redeemed from Special Tax prepayments.

9. Determine the Special Taxes levied on the Parcel in the current Fiscal Year which have not yet been paid.

10. Determine the amount the Administrator reasonably expects to derive from the investment of the Bond Redemption Amount and the Redemption Premium from the date of prepayment until the redemption date for the Outstanding Bonds to be redeemed with the Prepayment Amount.

11. Add the amounts derived pursuant to paragraphs 8 and 9 and subtract the amount derived pursuant to paragraph 10 (the “Defeasance Amount”).

12. Verify the administrative fees and expenses of the CFD, including the cost of computation of the Prepayment Amount, the cost to invest the Prepayment Amount, the cost of redeeming the Outstanding Bonds, and the cost of recording notices to evidence the prepayment of the Maximum Special Tax obligation for the Parcel and the redemption of Outstanding Bonds (the “Administrative Fees and Expenses”).

13. The reserve fund credit (the “Reserve Fund Credit”) shall equal the lesser of: (a) the expected reduction in the reserve requirement (as defined in the Indenture), if any, associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirement (as defined in the Indenture) in effect after the redemption of Outstanding Bonds as a result of the prepayment from the balance in the reserve fund on the prepayment date, but in no event shall such amount be less than zero.

14. The Prepayment Amount is equal to the sum of the Bond Redemption Amount, the Redemption Premium, the Future Facilities Amount, the Defeasance Amount and the Administrative Fees and Expenses, less the Reserve Fund Credit.

15. From the Prepayment Amount, the Bond Redemption Amount, the Redemption Premium, and Defeasance Amount shall be deposited into the appropriate fund as established under the Indenture and be used to redeem Outstanding Bonds or make debt service payments. The Future Facilities

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Amount shall be deposited into the Construction Fund. The Administrative Fees and Expenses shall be retained by the CFD.

The Prepayment Amount may be sufficient to redeem other than a $5,000 increment of Bonds. In such event, the increment above $5,000 or an integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next redemption from other Special Tax prepayments of Outstanding Bonds or to make debt service payments.

As a result of the payment of the current Fiscal Year’s Special Tax levy as determined pursuant to paragraph 9 above, the Administrator shall remove the current Fiscal Year’s Special Tax levy for the Parcel from the County tax roll. With respect to any Parcel for which the Maximum Special Tax obligation is prepaid, the City Council shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of Maximum Special Tax obligation and the release of the Special Tax lien for the Parcel, and the obligation to pay the Special Tax for such Parcel shall cease.

Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the amount of Maximum Special Taxes that may be levied on all Parcels of Taxable Property after the proposed prepayment will be at least 1.1 times maximum annual debt service on the Bonds that will remain outstanding after the prepayment plus the estimated annual Administrative Expenses.

Tenders of Bonds in prepayment of the Maximum Special Tax obligation may be accepted upon the terms and conditions established by the City Council pursuant to the Act. However, the use of Bond tenders shall only be allowed on a case-by-case basis as specifically approved by the City Council.

2. Prepayment in Part
The Maximum Special Tax obligation for a Parcel of Developed Property, Approved Property or Undeveloped Property may be partially prepaid. For purposes of determining the partial prepayment amount, the provisions of Section H.1 shall be modified as provided by the following formula:

PP = ((PE –A) x F) +A
These terms have the following meaning:

PP = Partial Prepayment
PE = the Prepayment Amount calculated according to Section H.1 F = the percent by which the owner of the Parcel(s) is partially prepaying the Maximum Special Tax obligation
A = the Administrative Fees and Expenses determined pursuant to Section H.1 The owner of a Parcel who desires to partially prepay the Maximum Special Tax obligation for the Parcel shall notify the Administrator of (i) such owner’s intent to partially prepay the Maximum Special Tax obligation, (ii) the percentage of the Maximum Special Tax obligation such owner wishes to prepay, and (iii) the company or agency that will be acting as the escrow agent, if any. Within 5 days of receipt of such notice, the Administrator shall notify such property owner of the amount of the non-refundable deposit determined to cover the cost to be incurred by the CFD in calculating the amount of a partial prepayment. Within 15 business days of receipt of such non-refundable deposit, the Administrator shall notify such owner of the amount of the Partial Prepayment for the Parcel. A

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Partial Prepayment must be made not less than 60 days prior to the redemption date for the Outstanding Bonds to be redeemed with the proceeds of the Partial Prepayment.

With respect to any Parcel for which the Maximum Special Tax obligation is partially prepaid, the Administrator shall (i) distribute the Partial Prepayment as provided in Paragraph 15 of Section H.1, and (ii) indicate in the records of the CFD that there has been a Partial Prepayment for the Parcel and that a portion of the Special Tax obligation equal to the remaining percentage (1.00 - F) of Special Tax obligation will continue on the Parcel pursuant to Section D.

I. TERM OF THE SPECIAL TAX
The Special Tax shall not be levied after the 2065-2066 Fiscal Year.

J. INTERPRETATIONS
The City Council may interpret this Rate and Method by ordinance or resolution for purposes of clarifying any vagueness or ambiguity. Any decision of the City Council shall be final and binding as to all persons.

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“EXHIBIT B”

CERTIFICATE OF MODIFICATION OF SPECIAL TAX
CITY OF PALM SPRINGS AND CFD NO. 2025-1 (SERENA PARK) IMPROVEMENT AREA NO. 1 CERTIFICATE Pursuant to Section C of the Rate and Method of Apportionment of Special Tax for Community Facilities District No. 2025-1 (Serena Park) of the City of Palm Springs (“CFD No. 2025-1”), the Special Tax for Residential Property and Other Property within CFD No. 2025-1 has been modified.

The information in Table 1 relating to the Special Tax for Developed Property within CFD No. 2025-1, as stated in Section C.1. of the Rate and Method of Apportionment, has been modified as follows:

Developed Property
The Maximum Special Tax for each Parcel of Single Family Property shall be the greater of: (i) the applicable Assigned Special Tax described in Table 1 or (ii) the amount derived by application of the Backup Special Tax.

The Maximum Special Tax for each Parcel of Other Property shall be the Assigned Special Tax described in Table 1.

On each July 1, commencing July 1, 2026, the Maximum Special Tax shall be increased by an amount equal to two percent (2.0%) of the amount in effect for the previous Fiscal Year. July 1, 2043 shall be the final year the Maximum Special Tax increases. Following the Fiscal Year 2043-2044, the Maximum Special Tax shall not increase from the amount in effect for Fiscal Year 2043-2044. a. Assigned Special Tax
The Assigned Special Tax for each Parcel of Developed Property is shown in Table 1.

TABLE 1
Assigned Special Taxes for Developed Property
Fiscal Year 20__-20__
Land Use Category
Taxable
Unit Residential Floor Area
Assigned Special Tax
Per Taxable Unit

1. Single Family Property D/U Less than 2,100 sq. ft. $________

2. Single Family Property D/U 2,100 sq. ft. – 2,299 sq. ft. $________

3. Single Family Property D/U Greater than 2,299 sq. ft. $________

4. Other Property Acre N/A $________

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CERTIFICATE OF MODIFICATION OF SPECIAL TAX
By execution hereof, the undersigned acknowledge, on behalf of the District and CFD No. 2025-1, receipt of this certificate and modification of the Rate and Method of Apportionment of Special Tax as set forth in this certificate.

CITY OF PALM SPRINGS
IMPROVEMENT AREA NO. 1 OF COMMUNITY FACILITIES DISTRICT NO. 2025-1 (SERENA PARK) By:_________________________________ Date:______________________

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RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
IMPROVEMENT AREA NO. 2 OF
COMMUNITY FACILITIES DISTRICT NO. 2025-1 (SERENA PARK)

OF THE CITY OF PALM SPRINGS
A Special Tax (all capitalized terms are defined in Section A, “Definitions”, below) shall be applicable to each Parcel of Taxable Property located within the boundaries of Improvement Area No. 2 of the CFD.

The amount of Special Tax to be levied in each Fiscal Year, on a Parcel, shall be determined by the City Council of The City of Palm Springs, acting in its capacity as the legislative body of the CFD by applying the appropriate Special Tax for Developed Property, Approved Property, Undeveloped Property, Public Property, and/or Property Owners’ Association Property that is not Exempt Property as set forth in Sections B, C, and D, below. All of the real property within Improvement Area No. 2, unless exempted by law or by the provisions hereof in Section E, 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:
“Acre” or “Acreage” means the acreage of a Parcel as indicated on the most recent Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area shown on the applicable Final Map, parcel map, condominium plan, or other similar instrument. “Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Part 1 of Division 2 of Title 5 of the California Government Code of the State of California. “Administrative Expenses” means all actual or reasonably estimated costs and expenses of the City related to Improvement Area No. 2 that are chargeable or allocable to carry out its duties as the administrator as allowed by the Act, which shall include without limitation, all costs and expenses arising out of or resulting from the annual levy and collection of the Special Tax, trustee fees, rebate compliance calculation fees, any litigation involving the CFD, continuing disclosure undertakings of the City as imposed by applicable laws and regulations, communication with bondholders and normal administrative expenses.
“Administrator” means an official of the City, or designee thereof, responsible for determining the annual amount of the levy and collection of the Special Taxes. “Approved Property” means all Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to the January 1st preceding the Fiscal Year in which the Special Tax is being levied, and (ii) that have not been issued a Building Permit on or prior to the April 1st preceding the Fiscal Year in which the Special Tax is being levied.
“Assessor’s Parcel Map” means an official map of the Assessor of the County of Riverside designating parcels by Assessor’s Parcel number.
“Assigned Special Tax” means the Special Tax for each Land Use Category of Developed Property, as determined in accordance with Section C.1.a., below.
“Backup Special Tax” means the Special Tax amount set forth in Section C.1.b., below.

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“Bonds” means any bonds or other indebtedness (as defined in the Act), whether in one or more series, issued by the CFD and secured by the levy of Improvement Area No. 2 Special Taxes. “Boundary Map” means a recorded map, as amended, of the CFD which indicates the boundaries of Improvement Area No. 2 of the CFD.
“Building Permit” means the first legal document issued by a local agency giving official permission for new construction. For purposes of this definition, “Building Permit” may or may not include any subsequent building permits issued or changed after the first issuance, as determined by the Administrator.
“CFD” means Community Facilities District No. 2025-1 (Serena Park) of The City of Palm Springs established pursuant to the Act.
“City” means The City of Palm Springs.
“City Council” means the City Council of The City of Palm Springs. “County” means the County of Riverside.
“Developed Property” means all Parcels of Taxable Property that are included in a Final Map that was recorded prior to January 1st preceding the Fiscal Year in which the Special Tax is being levied and for which a Building Permit for new construction has been issued on or prior to April 1st preceding the Fiscal Year in which the Special Tax is being levied.
“Dwelling Unit” or “(D/U)” means a residential unit that is offered for sale (and not for rent) that is used or permitted to be used as a domicile by one or more persons, as determined by the Administrator.
“Exempt Property” means any Parcel which is exempt from Special Taxes pursuant to Section E below. “Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 4285 that creates individual lots for which Building Permits may be issued without further subdivision. “Fiscal Year” means the 12 month period starting on July 1 of any calendar year and ending on the following June 30.
“Improvement Area No. 2” or “IA No. 2” means the property in the CFD designated as Improvement Area No. 2 on the Boundary Map.
“Indenture” means the bond indenture, fiscal agent agreement, trust 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 Category” means any of the categories listed in Table 1. “MAI Certified Appraiser” or “Appraiser” means a certified appraiser and member of the Appraisal Institute who has met strict testing, standards and experience requirements.

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“Maximum Special Tax” means for each Parcel, the maximum Special Tax, determined in accordance with Section C, which can be levied in any Fiscal Year on such Parcel. “Minimum Sale Price” means the minimum price at which Dwelling Units of a given Land Use Category have sold or are expected to be sold in a normal marketing environment and shall not include prices for such Dwelling Units that are sold at a discount to expected sales prices for the purpose of stimulating the initial sales activity with respect to such Land Use Category. No incentives or discounts offered by the seller will be deducted from expected or sold home prices. “Other Property” means all Parcels of Developed Property for which a Building Permit was issued for any type of use other than Single Family Property.
“Parcel(s)” means a lot or parcel shown on an Assessor’s Parcel Map located in Improvement Area No. 2.
“Price Point Consultant” means any consultant or firm of such consultants selected by the CFD that (a) has substantial experience in performing price point studies for Residential Property within community facilities districts established under the Act or otherwise estimating or confirming pricing for Dwelling Units of Residential Property in such community facilities districts, (b) has recognized expertise in analyzing economic and real estate data that relates to the pricing of Dwelling Units of Residential Property in such community facilities districts, (c) is in fact independent and not under the control of the CFD or the City, (d) does not have any substantial interest, direct or indirect, with or in (i) the CFD, (ii) the City, (iii) any owner of real property in the CFD, or (iv) any real property in the CFD, and (e) is not connected with the CFD or the City as an officer or employee thereof, but who may be regularly retained to make reports to the CFD or the City. “Price Point Study” means a price point study or a letter updating a previous price point study prepared by the Price Point Consultant pursuant to Section C.5 herein. “Property Owners’ Association Property” means all Parcels which, as of July 1st of the Fiscal Year in which the Special Tax is being levied, have been conveyed, dedicated to, or irrevocably offered for dedication to a property owner association, including any master or sub-association. “Proportionately” means for Taxable Property that is (i) Developed Property, that the ratio of the actual Special Tax levy to the Assigned Special Tax is the same for all Parcels of Developed Property, (ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Approved Property, and (iii) Undeveloped Property, Public Property, and Property Owners’ Association Property, that the ratio of the actual Special Tax levy per acre to the Maximum Special Tax per acre is the same for all Parcels of Undeveloped Property, Public Property, and Property Owners’ Association Property.
“Public Property” means all Parcels which, as of July 1st of the Fiscal Year in which the Special Tax is being levied, are used for rights-of-way or any other purpose and is owned by, dedicated to, or irrevocably offered for dedication to the federal government, the State of California, the County, or any other local jurisdiction, provided, however, that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified according to its use.
“Rate and Method” means this Rate and Method of Apportionment of Special Tax for Improvement Area No. 2 of Community Facilities District No. 2025-1 (Serena Park) of The City of Palm Springs.

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“Residential Floor Area” means all of the square footage of living area of a residential structure, not including any carport, walkway, garage, overhang, patio, enclosed patio or similar area on a Parcel.

The determination of Residential Floor Area shall be made by reference to the original Building Permit issued for the Parcel or, if the Building Permit is not available by reference to a similar official document as selected by the Administrator.
“Residential Property” means all Parcels of Developed Property for which a Building Permit has been issued for purposes of constructing one or more Dwelling Units. “Single Family Property” means all Parcels of Residential Property. “Special Tax(es)” means the special tax to be levied in each Fiscal Year pursuant to the Rate and Method on each Parcel of Taxable Property in accordance with Section D. “Special Tax Requirement” means that amount required in any Fiscal Year: (i) to pay annual debt service on all outstanding Bonds due in the calendar year which commences in such Fiscal Year; (ii) to pay periodic costs on the Bonds, including but not limited to, credit enhancement and rebate payments on the Bonds; (iii) to pay Administrative Expenses; (iv) to pay any anticipated shortfall due based on Special Tax delinquencies in the prior Fiscal Year; (v) to establish or replenish any reserve funds for the outstanding Bonds or with respect to Bonds expected to be issued in such Fiscal Year; (vi) until the final series of Bonds are issued as determined by the City Council, to pay directly for acquisition or construction of the facilities eligible under the Act, provided that the inclusion of such amount does not increase the levy of Special Tax on Approved Property or Undeveloped Property as set forth in Step 2 or Step 3 of section D below; less (vii) a credit for funds available to reduce the annual Special Tax levy as determined pursuant to the Indenture as determined by the Administrator. “Taxable Property” means all Parcels for which the Special Taxes have not been prepaid in full pursuant to Section H. or that are not exempt from the Special Tax pursuant to law or Section E. “Taxable Unit” means either a Dwelling Unit or an Acre, as shown in Table 1. “Total Tax Burden” means for any Dwelling Unit, the annual Special Tax, together with ad valorem property taxes, special assessments, special taxes for any overlapping community facilities district, and any other taxes, fees, and charges which are levied and imposed on such Dwelling Unit and the real property on which it is located and collected by the County on ad valorem tax bills and which are secured by such Dwelling Unit and the real property on which it is located, assuming such Dwelling Unit had been completed, sold, and subject to such levies and impositions, excluding PACE Charges (or any other charge entered into voluntarily by the property owner) and service charges such as those related to sewer and trash.
“Undeveloped Property” means all Parcels of Taxable Property not classified as Developed Property, Approved Property, Public Property, or Property Owners’ Association Property.

B. ASSIGNMENT TO LAND USE CATEGORY
Each Fiscal Year, commencing with the 2026-2027 Fiscal Year, all Parcels of Taxable Property shall be classified as Developed Property, Approved Property, Undeveloped Property, Public Property, and/or Property Owners’ Association Property, and subject to the levy of Special Taxes in accordance with this Rate and Method as determined pursuant to Sections C and D.

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Parcels of Developed Property shall further be classified as Residential Property or Other Property.

Parcels of Residential Property shall further be classified as Single Family Property. Parcels of Single Family Property shall be further categorized into Land Use Categories based on the Residential Floor Area for such Parcel.

C. MAXIMUM SPECIAL TAX RATE

1. Developed Property
The Maximum Special Tax for each Parcel of Single Family Property shall be the greater of: (i) the applicable Assigned Special Tax described in Table 1 or (ii) the amount derived by application of the Backup Special Tax.

The Maximum Special Tax for each Parcel of Other Property shall be the Assigned Special Tax described in Table 1.

On each July 1, commencing July 1, 2026, the Maximum Special Tax shall be increased by an amount equal to two percent (2.0%) of the amount in effect for the previous Fiscal Year. July 1, 2043 shall be the final year the Maximum Special Tax increases. Following the Fiscal Year 2043-2044, the Maximum Special Tax shall not increase from the amount in effect for Fiscal Year 2043-2044. a. Assigned Special Tax
The Assigned Special Tax for each Parcel of Developed Property is shown in Table 1.

TABLE 1
Assigned Special Taxes for Developed Property
Fiscal Year 2025-2026
Land Use Category
Taxable
Unit Residential Floor Area
Assigned Special Tax
Per Taxable Unit

1. Single Family Property D/U Less than 2,200 sq. ft. $4,265

2. Single Family Property D/U 2,200 sq. ft. – 2,349 sq. ft. $4,440

3. Single Family Property D/U 2,350 sq. ft. – 2,499 sq. ft. $4,615

4. Single Family Property D/U 2,500 sq. ft. – 2,649 sq. ft. $4,790

5. Single Family Property D/U 2,650 sq. ft. – 2,799 sq. ft. $4,965

6. Single Family Property D/U Greater than 2,799 sq. ft. $5,400

7. Other Property Acre N/A $28,731
On each July 1, commencing July 1, 2026, the Assigned Special Tax shall be increased by an amount equal to two percent (2.0%) of the amount in effect for the previous Fiscal Year. July 1, 2043 shall be the final year the Assigned Special Tax increases. Following the Fiscal Year 2043-2044, the Assigned Special Tax shall not increase from the amount in effect for Fiscal Year 2043-2044.

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b. Backup Special Tax
When a Final Map is recorded, the Backup Special Tax for a Parcel classified or to be classified as Single Family Property within such Final Map shall be determined by multiplying the Undeveloped Property Maximum Special Tax per Acre by the total Acreage of Taxable Property within such Final Map, excluding the Acreage associated with (i) Public Property and/or Property Owners’ Association Property that is not Exempt Property pursuant to Section E and (ii) Other Property, , and dividing such amount by the number of Parcels within such Final Map classified as either (i) Single Family Property or (ii) Approved Property for which a Building Permit is expected to be issued for Single Family Property (i.e., the number of residential lots).

A Parcel that does not have any changes made to it after the initial assignment of the Backup Special Tax shall not be increased if other Parcels in a Final Map are changed. Prior to the issuance of Bonds, if Parcels classified or to be classified as Single Family Property are subsequently changed or modified by recordation of a lot line adjustment or similar instrument, then the Backup Special Tax shall be recalculated for the area that has been changed or modified using the methodology described in the preceding paragraph. Following the issuance of Bonds, no adjustments shall be made to the Backup Special Tax for any Parcel which would result in the reduction of debt service coverage, as projected at the time of Bond issuance.

The Backup Special Tax shall not apply to Other Property, Public Property, or Property Owners’ Association Property.

On each July 1, commencing July 1, 2026, the Backup Special Tax shall be increased by an amount equal to two percent (2.0%) of the amount in effect for the previous Fiscal Year. July 1, 2043 shall be the final year the Backup Special Tax increases. Following the Fiscal Year 2043-2044, the Backup Special Tax shall not increase from the amount in effect for Fiscal Year 2043-2044.

2. Approved Property
The Maximum Special Tax for each Parcel of Approved Property expected to be classified as Single Family Property shall be the Backup Special Tax computed pursuant to Section C.1.b above.

The Maximum Special Tax for each Parcel of Approved Property expected to be classified as Other Property shall be $28,731 per Acre.

3. Undeveloped Property
The Maximum Special Tax for each Parcel of Undeveloped Property is shown in Table 2 below.

TABLE 2
Undeveloped Property Maximum Special Tax
Fiscal Year 2025-2026
Maximum Special Tax Per Acre
$28,731

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4. Public Property and/or Property Owners’ Association Property that is not Exempt Property pursuant to the provisions of Section E.

The Maximum Special Tax for each Parcel of Public Property and/or Property Owners Association Property that is not Exempt Property shall be equal to the product of the applicable Undeveloped Property Maximum Special Tax rate per Acre in Table 2 multiplied by the Acreage of such Parcel.

5. Special Tax Reduction Prior to Issuance of First Series of Bonds.

Prior to the issuance of the first series of Bonds, the CFD shall do one of the following 1) select and engage a Price Point Consultant, where the Price Point Consultant shall prepare a Price Point Study setting forth the Minimum Sale Price of Dwelling Units within each Land Use Category of Residential Property or 2) select and engage a MAI Certified Appraiser, where the MAI Certified Appraiser shall prepare an appraisal setting forth at least the minimum market value of Dwelling Units within each Land Use Category of Residential Property. If, based upon such Price Point Study or appraisal, the Administrator calculates that the Total Tax Burden applicable to Dwelling Units within one or more Land Use Category of Residential Property to be constructed within the CFD exceeds 2.00% of the Minimum Sale Price of such Taxable Units, the Special Tax within such Land Use Category of Residential Property shall be reduced to the extent necessary to cause the Total Tax Burden applicable to Dwelling Units within such Land Use Category(ies) not to exceed 2.00% of the Minimum Sale Price of such Taxable Units. Each Special Tax reduction for a Land Use Category shall be calculated by the Administrator separately, and it shall not be required that such reduction be proportionate among Land Use Categories.

If the Special Tax for any Land Use Category is reduced pursuant to the preceding paragraph, the Administrator shall calculate a reduced Maximum Special Tax for Other Property and Undeveloped Property, as well as a reduced Backup Special Tax for Developed Property. The revised Backup Special Tax shall be equal to the Maximum Special Tax as set forth in Table 1, reduced by a percentage equal to the weighted average percentage reduction in the Special Tax for all Land Use Categories of Residential Property. The weighted average percentage will be calculated by taking the sum of the products of the number of Taxable Units constructed or expected to be constructed in each Land Use Category multiplied by the percentage change in the Special Tax for each Land Use Category (or 0 for Land Use Categories that are not changing). This amount is then divided by the total number of Dwelling Units constructed or expected to be constructed and converted to a percentage. The reduced Maximum Special Tax shall be used to compute the reduced Backup Special Tax. Following the issuance of Bonds, no adjustments shall be made to the Backup Special Tax for any Parcel which would result in the reduction of debt service coverage, as projected at the time of Bond issuance.

The Special Tax reductions, if required pursuant to this section, shall be reflected in an amended notice of Special Tax lien, which the CFD shall cause to be recorded by executing a certificate in substantially the form attached herein as Exhibit B.

D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2026-2027 and for each following Fiscal Year, the City Council shall levy the Special Tax on all Taxable Property until the amount of Special Taxes equals the applicable Special Tax Requirement in accordance with the following steps:

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First: The Special Tax shall be levied Proportionately on each Parcel of Developed Property at up to 100% of the applicable Assigned Special Tax rate as needed to satisfy the Special Tax Requirement; Second: If additional moneys are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Parcel of Approved Property at up to 100% of the Maximum Special Tax for Approved Property; Third: If additional moneys 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 Parcel of Undeveloped Property at up to 100% of the Maximum Special Tax for Undeveloped Property; Fourth: If additional moneys are needed to satisfy the Special Tax Requirement after the first three steps have been completed, the Special Tax to be levied on each Parcel of Developed Property for which the Maximum Special Tax is derived by the application of the Backup Special Tax shall be increased in equal percentages from the Assigned Special Tax up to the Maximum Special Tax for such Parcel;
Fifth: If additional moneys are needed to satisfy the Special Tax Requirement after the first four steps have been completed, the Special Tax shall be levied Proportionately on each Parcel of Taxable Property that is Public Property or Property Owners’ Association Property at up to 100% of the Maximum Special Tax for such Parcel.

Notwithstanding the above, under no circumstances will the Special Taxes levied in any Fiscal Year against any Parcel of Residential Property as a result of a delinquency in the payment of the Special Tax applicable to any other Parcel be increased by more than ten percent (10%) above the amount that would have been levied in that Fiscal Year had there never been any such delinquency or default.

E. EXEMPTIONS
The Administrator shall classify as Exempt Property all Parcels of (i) Public Property or (ii) Property Owners’ Association Property; provided that such classification shall not reduce the Acreage of all Taxable Property of the CFD to fewer than 16.57 Acres. The Administrator shall not classify a Parcel of Public Property or Property Owners’ Association Property as Exempt Property if such classification would reduce the Acreage of all Parcels of Taxable Property to fewer than 16.57 Acres. Such Parcels that cannot be classified as Exempt Property because such classification would reduce the Acreage of all Parcels of Taxable Property to fewer than 16.57 Acres will be classified as Property Owners’ Association Property or Public Property and will continue to be subject to Special Taxes. The Administrator shall classify such Parcels as Exempt Property in the chronological order in which property becomes Public Property or Property Owners’ Association Property.

F. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes and shall be subject to the same penalties, the same procedure, sale and lien priority in the case of delinquency; provided, however, that the Administrator may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet the financial

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obligations of Improvement Area No. 2, and provided further that the CFD may covenant to foreclose and may actually foreclose on Parcels having delinquent Special Taxes as permitted by the Act.

G. APPEALS
Any taxpayer may file a written appeal of the Special Tax on his/her Parcel(s) with the Administrator, provided that the appellant is current in his/her payments of Special Taxes. During pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The Administrator shall review the appeal, meet with the appellant if the Administrator deems necessary, and advise the appellant of its determination. If the Administrator agrees with the appellant, the Administrator shall grant a credit to eliminate or reduce future Special Taxes on the appellant’s Parcel(s). No refunds of previously paid Special Taxes shall be made.

The Administrator shall interpret this Rate and Method and make determinations relative to the annual levy and administration of the Special Tax and any taxpayer who appeals, as herein specified.

The City Council may interpret this Rate and Method for purposes of clarifying any ambiguity and make determinations relative to the amount of Administrative Expenses.

H. PREPAYMENT OF SPECIAL TAX
The following definitions apply to this Section H:
“CFD Public Facilities” means $4,839,417, expressed in 2025 dollars, which shall increase by the Construction Inflation Index on July 1, 2026, and on each July 1 thereafter, or such lower number as (i) shall be determined by the Administrator as sufficient to provide the public facilities under the authorized bonding program, or (ii) shall be determined by the City Council concurrently with a covenant that the CFD will not issue any more Bonds.
“Construction Fund” means, collectively, an account specifically identified in the Indenture to hold funds which are currently available for expenditure to acquire or construct public facilities eligible under the Act and any account established prior to the issuance of Bonds for such purpose. “Construction Inflation Index” means the annual percentage change in the Engineering 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 Administrator that is reasonably comparable to the Engineering News-Record Building Cost Index for the City of Los Angeles. “Future Facilities Costs” means the CFD Public Facilities minus (i) Bond proceeds deposited in Construction Funds and accounts and (ii) other amounts (special taxes, interest earnings, etc.) allocated to Construction Funds and accounts that were available to fund such CFD Public Facilities prior to the date of prepayment, but not less than $0.
“Outstanding Bonds” means all previously issued Bonds, which will remain outstanding after the payment of principal from the amount of Special Taxes that have been levied, excluding Bonds to be redeemed at a later date with the proceeds of prior prepayments of Maximum Special Taxes.

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1. Prepayment in Full
The Maximum Special Tax obligation may be prepaid and permanently satisfied for (i) Parcels of Developed Property, (ii) Parcels of Approved Property or Undeveloped Property for which a Building Permit has been issued, (iii) Approved Property or Undeveloped Property for which a Building Permit has not been issued, and (iv) Parcels of Public Property or Property Owners’ Association Property that are not Exempt Property pursuant to Section E. The Maximum Special Tax obligation applicable to a Parcel may be fully prepaid and the obligation to pay the Special Tax for such Parcel permanently satisfied as described herein; provided that a prepayment may be made only if there are no delinquent Special Taxes with respect to such Parcel at the time of prepayment. An owner of a Parcel intending to prepay the Maximum Special Tax obligation for such Parcel shall provide the Administrator with written notice of intent to prepay, and within 5 business days of receipt of such notice, the Administrator shall notify such owner of the amount of the non-refundable deposit determined to cover the cost to be incurred by the CFD in calculating the Prepayment Amount (as defined below) for the Parcel. Within 15 days of receipt of such non-refundable deposit, the Administrator shall notify such owner of the Prepayment Amount for the Parcel. Prepayment must be made not less than 60 days prior to the redemption date for any Bonds to be redeemed with the proceeds of such prepaid Special Taxes.

The Prepayment Amount (defined below) shall be calculated as follows (capitalized terms are defined below):

Bond Redemption Amount
plus Redemption Premium
plus Future Facilities Amount
plus Defeasance Amount
plus Administrative Fees and Expenses
less Reserve Fund Credit
Equals: Prepayment Amount
The Prepayment Amount shall be determined as of the proposed prepayment date as follows:

1. Confirm that no Special Tax delinquencies apply to such Parcel.

2. For a Parcel of Developed Property, compute the Maximum Special Tax for the Parcel. For a Parcel of Approved Property or Undeveloped Property for which a Building Permit has been issued, compute the Maximum Special Tax for the Parcel as though it was already designated as Developed Property, based upon the Building Permit which has been issued for the Parcel. For a Parcel of Approved Property or Undeveloped Property for which a Building Permit has not been issued, Public Property or Property Owners’ Association Property to be prepaid, compute the Maximum Special Tax for the Parcel.

3. Divide the Maximum Special Tax derived pursuant to paragraph 2 by the total amount of Special Taxes that could be levied at the Maximum Special Tax at build out of all Parcels of Taxable Property based on the applicable Maximum Special Tax for Parcels of Developed Property not including any Parcels for which the Special Tax obligation has been previously prepaid.

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4. Multiply the quotient derived pursuant to paragraph 3 by the principal amount of the Outstanding Bonds to determine the amount of Outstanding Bonds to be redeemed with the Prepayment Amount (the “Bond Redemption Amount”).

5. Multiply the Bond Redemption Amount by the applicable redemption premium, if any, on the Outstanding Bonds to be redeemed (the “Redemption Premium”).

6. Determine the Future Facilities Costs.

7. Multiply the quotient derived pursuant to paragraph 3 by the amount determined pursuant to paragraph 6 to determine the amount of Future Facilities Costs for the Parcel (the “Future Facilities Amount”).

8. Determine 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 on which Bonds can be redeemed from Special Tax prepayments.

9. Determine the Special Taxes levied on the Parcel in the current Fiscal Year which have not yet been paid.

10. Determine the amount the Administrator reasonably expects to derive from the investment of the Bond Redemption Amount and the Redemption Premium from the date of prepayment until the redemption date for the Outstanding Bonds to be redeemed with the Prepayment Amount.

11. Add the amounts derived pursuant to paragraphs 8 and 9 and subtract the amount derived pursuant to paragraph 10 (the “Defeasance Amount”).

12. Verify the administrative fees and expenses of the CFD, including the cost of computation of the Prepayment Amount, the cost to invest the Prepayment Amount, the cost of redeeming the Outstanding Bonds, and the cost of recording notices to evidence the prepayment of the Maximum Special Tax obligation for the Parcel and the redemption of Outstanding Bonds (the “Administrative Fees and Expenses”).

13. The reserve fund credit (the “Reserve Fund Credit”) shall equal the lesser of: (a) the expected reduction in the reserve requirement (as defined in the Indenture), if any, associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirement (as defined in the Indenture) in effect after the redemption of Outstanding Bonds as a result of the prepayment from the balance in the reserve fund on the prepayment date, but in no event shall such amount be less than zero.

14. The Prepayment Amount is equal to the sum of the Bond Redemption Amount, the Redemption Premium, the Future Facilities Amount, the Defeasance Amount and the Administrative Fees and Expenses, less the Reserve Fund Credit.

15. From the Prepayment Amount, the Bond Redemption Amount, the Redemption Premium, and Defeasance Amount shall be deposited into the appropriate fund as established under the Indenture and be used to redeem Outstanding Bonds or make debt service payments. The Future Facilities

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Amount shall be deposited into the Construction Fund. The Administrative Fees and Expenses shall be retained by the CFD.

The Prepayment Amount may be sufficient to redeem other than a $5,000 increment of Bonds. In such event, the increment above $5,000 or an integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next redemption from other Special Tax prepayments of Outstanding Bonds or to make debt service payments.

As a result of the payment of the current Fiscal Year’s Special Tax levy as determined pursuant to paragraph 9 above, the Administrator shall remove the current Fiscal Year’s Special Tax levy for the Parcel from the County tax roll. With respect to any Parcel for which the Maximum Special Tax obligation is prepaid, the City Council shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of Maximum Special Tax obligation and the release of the Special Tax lien for the Parcel, and the obligation to pay the Special Tax for such Parcel shall cease.

Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the amount of Maximum Special Taxes that may be levied on all Parcels of Taxable Property after the proposed prepayment will be at least 1.1 times maximum annual debt service on the Bonds that will remain outstanding after the prepayment plus the estimated annual Administrative Expenses.

Tenders of Bonds in prepayment of the Maximum Special Tax obligation may be accepted upon the terms and conditions established by the City Council pursuant to the Act. However, the use of Bond tenders shall only be allowed on a case-by-case basis as specifically approved by the City Council.

2. Prepayment in Part
The Maximum Special Tax obligation for a Parcel of Developed Property, Approved Property or Undeveloped Property may be partially prepaid. For purposes of determining the partial prepayment amount, the provisions of Section H.1 shall be modified as provided by the following formula:

PP = ((PE –A) x F) +A
These terms have the following meaning:

PP = Partial Prepayment
PE = the Prepayment Amount calculated according to Section H.1 F = the percent by which the owner of the Parcel(s) is partially prepaying the Maximum Special Tax obligation
A = the Administrative Fees and Expenses determined pursuant to Section H.1 The owner of a Parcel who desires to partially prepay the Maximum Special Tax obligation for the Parcel shall notify the Administrator of (i) such owner’s intent to partially prepay the Maximum Special Tax obligation, (ii) the percentage of the Maximum Special Tax obligation such owner wishes to prepay, and (iii) the company or agency that will be acting as the escrow agent, if any. Within 5 days of receipt of such notice, the Administrator shall notify such property owner of the amount of the non-refundable deposit determined to cover the cost to be incurred by the CFD in calculating the amount of a partial prepayment. Within 15 business days of receipt of such non-refundable deposit, the Administrator shall notify such owner of the amount of the Partial Prepayment for the Parcel. A

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Partial Prepayment must be made not less than 60 days prior to the redemption date for the Outstanding Bonds to be redeemed with the proceeds of the Partial Prepayment.

With respect to any Parcel for which the Maximum Special Tax obligation is partially prepaid, the Administrator shall (i) distribute the Partial Prepayment as provided in Paragraph 15 of Section H.1, and (ii) indicate in the records of the CFD that there has been a Partial Prepayment for the Parcel and that a portion of the Special Tax obligation equal to the remaining percentage (1.00 - F) of Special Tax obligation will continue on the Parcel pursuant to Section D.

I. TERM OF THE SPECIAL TAX
The Special Tax shall not be levied after the 2068-2069 Fiscal Year.

J. INTERPRETATIONS
The City Council may interpret this Rate and Method by ordinance or resolution for purposes of clarifying any vagueness or ambiguity. Any decision of the City Council shall be final and binding as to all persons.

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“EXHIBIT B”

CERTIFICATE OF MODIFICATION OF SPECIAL TAX
CITY OF PALM SPRINGS AND CFD NO. 2025-1 (SERENA PARK) IMPROVEMENT AREA NO. 2 CERTIFICATE Pursuant to Section C of the Rate and Method of Apportionment of Special Tax for Community Facilities District No. 2025-1 (Serena Park) of the City of Palm Springs (“CFD No. 2025-1”), the Special Tax for Residential Property and Other Property within CFD No. 2025-1 has been modified.

The information in Table 1 relating to the Special Tax for Developed Property within CFD No. 2025-1, as stated in Section C.1. of the Rate and Method of Apportionment, has been modified as follows:

Developed Property
The Maximum Special Tax for each Parcel of Single Family Property shall be the greater of: (i) the applicable Assigned Special Tax described in Table 1 or (ii) the amount derived by application of the Backup Special Tax.

The Maximum Special Tax for each Parcel of Other Property shall be the Assigned Special Tax described in Table 1.

On each July 1, commencing July 1, 2026, the Maximum Special Tax shall be increased by an amount equal to two percent (2.0%) of the amount in effect for the previous Fiscal Year. July 1, 2043 shall be the final year the Maximum Special Tax increases. Following the Fiscal Year 2043-2044, the Maximum Special Tax shall not increase from the amount in effect for Fiscal Year 2043-2044. a. Assigned Special Tax
The Assigned Special Tax for each Parcel of Developed Property is shown in Table 1.

TABLE 1
Assigned Special Taxes for Developed Property
Fiscal Year 20__-20__
Land Use Category
Taxable
Unit Residential Floor Area
Assigned Special Tax
Per Taxable Unit

1. Single Family Property D/U Less than 2,200 sq. ft. $_______

2. Single Family Property D/U 2,200 sq. ft. – 2,349 sq. ft. $_______

3. Single Family Property D/U 2,350 sq. ft. – 2,499 sq. ft. $_______

4. Single Family Property D/U 2,500 sq. ft. – 2,649 sq. ft. $_______

5. Single Family Property D/U 2,650 sq. ft. – 2,799 sq. ft. $_______

6. Single Family Property D/U Greater than 2,799 sq. ft. $_______

7. Other Property Acre N/A $_______

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CERTIFICATE OF MODIFICATION OF SPECIAL TAX
By execution hereof, the undersigned acknowledge, on behalf of the District and CFD No. 2025-1, receipt of this certificate and modification of the Rate and Method of Apportionment of Special Tax as set forth in this certificate.

CITY OF PALM SPRINGS
IMPROVEMENT AREA NO. 2 OF COMMUNITY FACILITIES DISTRICT NO. 2025-1 (SERENA PARK) By:_________________________________ Date:______________________

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RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
IMPROVEMENT AREA NO. 3 OF
COMMUNITY FACILITIES DISTRICT NO. 2025-1 (SERENA PARK)

OF THE CITY OF PALM SPRINGS
A Special Tax (all capitalized terms are defined in Section A, “Definitions”, below) shall be applicable to each Parcel of Taxable Property located within the boundaries of Improvement Area No. 3 of the CFD.

The amount of Special Tax to be levied in each Fiscal Year, on a Parcel, shall be determined by the City Council of The City of Palm Springs, acting in its capacity as the legislative body of the CFD by applying the appropriate Special Tax for Developed Property, Approved Property, Undeveloped Property, Public Property, and/or Property Owners’ Association Property that is not Exempt Property as set forth in Sections B, C, and D, below. All of the real property within Improvement Area No. 3, unless exempted by law or by the provisions hereof in Section E, 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:
“Acre” or “Acreage” means the acreage of a Parcel as indicated on the most recent Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area shown on the applicable Final Map, parcel map, condominium plan, or other similar instrument. “Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Part 1 of Division 2 of Title 5 of the California Government Code of the State of California. “Administrative Expenses” means all actual or reasonably estimated costs and expenses of the City related to Improvement Area No. 3 that are chargeable or allocable to carry out its duties as the administrator as allowed by the Act, which shall include without limitation, all costs and expenses arising out of or resulting from the annual levy and collection of the Special Tax, trustee fees, rebate compliance calculation fees, any litigation involving the CFD, continuing disclosure undertakings of the City as imposed by applicable laws and regulations, communication with bondholders and normal administrative expenses.
“Administrator” means an official of the City, or designee thereof, responsible for determining the annual amount of the levy and collection of the Special Taxes. “Approved Property” means all Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to the January 1st preceding the Fiscal Year in which the Special Tax is being levied, and (ii) that have not been issued a Building Permit on or prior to the April 1st preceding the Fiscal Year in which the Special Tax is being levied.
“Assessor’s Parcel Map” means an official map of the Assessor of the County of Riverside designating parcels by Assessor’s Parcel number.
“Assigned Special Tax” means the Special Tax for each Land Use Category of Developed Property, as determined in accordance with Section C.1.a., below.
“Backup Special Tax” means the Special Tax amount set forth in Section C.1.b., below.

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“Bonds” means any bonds or other indebtedness (as defined in the Act), whether in one or more series, issued by the CFD and secured by the levy of Improvement Area No. 3 Special Taxes. “Boundary Map” means a recorded map, as amended, of the CFD which indicates the boundaries of Improvement Area No. 3 of the CFD.
“Building Permit” means the first legal document issued by a local agency giving official permission for new construction. For purposes of this definition, “Building Permit” may or may not include any subsequent building permits issued or changed after the first issuance, as determined by the Administrator.
“CFD” means Community Facilities District No. 2025-1 (Serena Park) of The City of Palm Springs established pursuant to the Act.
“City” means The City of Palm Springs.
“City Council” means the City Council of The City of Palm Springs. “County” means the County of Riverside.
“Developed Property” means all Parcels of Taxable Property that are included in a Final Map that was recorded prior to January 1st preceding the Fiscal Year in which the Special Tax is being levied and for which a Building Permit for new construction has been issued on or prior to April 1st preceding the Fiscal Year in which the Special Tax is being levied.
“Dwelling Unit” or “(D/U)” means a residential unit that is offered for sale (and not for rent) that is used or permitted to be used as a domicile by one or more persons, as determined by the Administrator.
“Exempt Property” means any Parcel which is exempt from Special Taxes pursuant to Section E below. “Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 4285 that creates individual lots for which Building Permits may be issued without further subdivision. “Fiscal Year” means the 12 month period starting on July 1 of any calendar year and ending on the following June 30.
“Improvement Area No. 3” or “IA No. 3” means the property in the CFD designated as Improvement Area No. 3 on the Boundary Map.
“Indenture” means the bond indenture, fiscal agent agreement, trust 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 Category” means any of the categories listed in Table 1. “MAI Certified Appraiser” or “Appraiser” means a certified appraiser and member of the Appraisal Institute who has met strict testing, standards and experience requirements.

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“Maximum Special Tax” means for each Parcel, the maximum Special Tax, determined in accordance with Section C, which can be levied in any Fiscal Year on such Parcel. “Minimum Sale Price” means the minimum price at which Dwelling Units of a given Land Use Category have sold or are expected to be sold in a normal marketing environment and shall not include prices for such Dwelling Units that are sold at a discount to expected sales prices for the purpose of stimulating the initial sales activity with respect to such Land Use Category. No incentives or discounts offered by the seller will be deducted from expected or sold home prices. “Other Property” means all Parcels of Developed Property for which a Building Permit was issued for any type of use other than Single Family Property.
“Parcel(s)” means a lot or parcel shown on an Assessor’s Parcel Map located in Improvement Area No. 3.
“Price Point Consultant” means any consultant or firm of such consultants selected by the CFD that (a) has substantial experience in performing price point studies for Residential Property within community facilities districts established under the Act or otherwise estimating or confirming pricing for Dwelling Units of Residential Property in such community facilities districts, (b) has recognized expertise in analyzing economic and real estate data that relates to the pricing of Dwelling Units of Residential Property in such community facilities districts, (c) is in fact independent and not under the control of the CFD or the City, (d) does not have any substantial interest, direct or indirect, with or in (i) the CFD, (ii) the City, (iii) any owner of real property in the CFD, or (iv) any real property in the CFD, and (e) is not connected with the CFD or the City as an officer or employee thereof, but who may be regularly retained to make reports to the CFD or the City. “Price Point Study” means a price point study or a letter updating a previous price point study prepared by the Price Point Consultant pursuant to Section C.5 herein. “Property Owners’ Association Property” means all Parcels which, as of July 1st of the Fiscal Year in which the Special Tax is being levied, have been conveyed, dedicated to, or irrevocably offered for dedication to a property owner association, including any master or sub-association. “Proportionately” means for Taxable Property that is (i) Developed Property, that the ratio of the actual Special Tax levy to the Assigned Special Tax is the same for all Parcels of Developed Property, (ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Approved Property, and (iii) Undeveloped Property, Public Property, and Property Owners’ Association Property, that the ratio of the actual Special Tax levy per acre to the Maximum Special Tax per acre is the same for all Parcels of Undeveloped Property, Public Property, and Property Owners’ Association Property.
“Public Property” means all Parcels which, as of July 1st of the Fiscal Year in which the Special Tax is being levied, are used for rights-of-way or any other purpose and is owned by, dedicated to, or irrevocably offered for dedication to the federal government, the State of California, the County, or any other local jurisdiction, provided, however, that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified according to its use.
“Rate and Method” means this Rate and Method of Apportionment of Special Tax for Improvement Area No. 3 of Community Facilities District No. 2025-1 (Serena Park) of The City of Palm Springs.

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“Residential Floor Area” means all of the square footage of living area of a residential structure, not including any carport, walkway, garage, overhang, patio, enclosed patio or similar area on a Parcel.

The determination of Residential Floor Area shall be made by reference to the original Building Permit issued for the Parcel or, if the Building Permit is not available by reference to a similar official document as selected by the Administrator.
“Residential Property” means all Parcels of Developed Property for which a Building Permit has been issued for purposes of constructing one or more Dwelling Units. “Single Family Property” means all Parcels of Residential Property. “Special Tax(es)” means the special tax to be levied in each Fiscal Year pursuant to the Rate and Method on each Parcel of Taxable Property in accordance with Section D. “Special Tax Requirement” means that amount required in any Fiscal Year: (i) to pay annual debt service on all outstanding Bonds due in the calendar year which commences in such Fiscal Year; (ii) to pay periodic costs on the Bonds, including but not limited to, credit enhancement and rebate payments on the Bonds; (iii) to pay Administrative Expenses; (iv) to pay any anticipated shortfall due based on Special Tax delinquencies in the prior Fiscal Year; (v) to establish or replenish any reserve funds for the outstanding Bonds or with respect to Bonds expected to be issued in such Fiscal Year; (vi) until the final series of Bonds are issued as determined by the City Council, to pay directly for acquisition or construction of the facilities eligible under the Act, provided that the inclusion of such amount does not increase the levy of Special Tax on Approved Property or Undeveloped Property as set forth in Step 2 or Step 3 of section D below; less (vii) a credit for funds available to reduce the annual Special Tax levy as determined pursuant to the Indenture as determined by the Administrator. “Taxable Property” means all Parcels for which the Special Taxes have not been prepaid in full pursuant to Section H. or that are not exempt from the Special Tax pursuant to law or Section E. “Taxable Unit” means either a Dwelling Unit or an Acre, as shown in Table 1. “Total Tax Burden” means for any Dwelling Unit, the annual Special Tax, together with ad valorem property taxes, special assessments, special taxes for any overlapping community facilities district, and any other taxes, fees, and charges which are levied and imposed on such Dwelling Unit and the real property on which it is located and collected by the County on ad valorem tax bills and which are secured by such Dwelling Unit and the real property on which it is located, assuming such Dwelling Unit had been completed, sold, and subject to such levies and impositions, excluding PACE Charges (or any other charge entered into voluntarily by the property owner) and service charges such as those related to sewer and trash.
“Undeveloped Property” means all Parcels of Taxable Property not classified as Developed Property, Approved Property, Public Property, or Property Owners’ Association Property.

B. ASSIGNMENT TO LAND USE CATEGORY
Each Fiscal Year, commencing with the 2026-2027 Fiscal Year, all Parcels of Taxable Property shall be classified as Developed Property, Approved Property, Undeveloped Property, Public Property, and/or Property Owners’ Association Property, and subject to the levy of Special Taxes in accordance with this Rate and Method as determined pursuant to Sections C and D.

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Parcels of Developed Property shall further be classified as Residential Property or Other Property.

Parcels of Residential Property shall further be classified as Single Family Property. Parcels of Single Family Property shall be further categorized into Land Use Categories based on the Residential Floor Area for such Parcel.

C. MAXIMUM SPECIAL TAX RATE

1. Developed Property
The Maximum Special Tax for each Parcel of Single Family Property shall be the greater of: (i) the applicable Assigned Special Tax described in Table 1 or (ii) the amount derived by application of the Backup Special Tax.

The Maximum Special Tax for each Parcel of Other Property shall be the Assigned Special Tax described in Table 1.

On each July 1, commencing July 1, 2026, the Maximum Special Tax shall be increased by an amount equal to two percent (2.0%) of the amount in effect for the previous Fiscal Year. July 1, 2043 shall be the final year the Maximum Special Tax increases. Following the Fiscal Year 2043-2044, the Maximum Special Tax shall not increase from the amount in effect for Fiscal Year 2043-2044. a. Assigned Special Tax
The Assigned Special Tax for each Parcel of Developed Property is shown in Table 1.

TABLE 1
Assigned Special Taxes for Developed Property
Fiscal Year 2025-2026
Land Use Category
Taxable
Unit Residential Floor Area
Assigned Special Tax
Per Taxable Unit

1. Single Family Property D/U Less than 1,750 sq. ft. $3,720

2. Single Family Property D/U 1,750 sq. ft. – 1,949 sq. ft. $3,860

3. Single Family Property D/U 1,950 sq. ft. – 2,149 sq. ft. $4,000

4. Single Family Property D/U 2,150 sq. ft. – 2,349 sq. ft. $4,795

5. Single Family Property D/U 2,350 sq. ft. – 2,549 sq. ft. $4,955

6. Single Family Property D/U 2,550 sq. ft. – 2,749 sq. ft. $5,115

7. Single Family Property D/U Greater than 2,749 sq. ft. $5,400

8. Other Property Acre N/A $27,301
On each July 1, commencing July 1, 2026, the Assigned Special Tax shall be increased by an amount equal to two percent (2.0%) of the amount in effect for the previous Fiscal Year. July 1, 2043 shall be the final year the Assigned Special Tax increases. Following the Fiscal Year 2043-2044, the Assigned Special Tax shall not increase from the amount in effect for Fiscal Year 2043-2044.

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b. Backup Special Tax
When a Final Map is recorded, the Backup Special Tax for a Parcel classified or to be classified as Single Family Property within such Final Map shall be determined by multiplying the Undeveloped Property Maximum Special Tax per Acre by the total Acreage of Taxable Property within such Final Map, excluding the Acreage associated with (i) Public Property and/or Property Owners’ Association Property that is not Exempt Property pursuant to Section E and (ii) Other Property, , and dividing such amount by the number of Parcels within such Final Map classified as either (i) Single Family Property or (ii) Approved Property for which a Building Permit is expected to be issued for Single Family Property (i.e., the number of residential lots).

A Parcel that does not have any changes made to it after the initial assignment of the Backup Special Tax shall not be increased if other Parcels in a Final Map are changed. Prior to the issuance of Bonds, if Parcels classified or to be classified as Single Family Property are subsequently changed or modified by recordation of a lot line adjustment or similar instrument, then the Backup Special Tax shall be recalculated for the area that has been changed or modified using the methodology described in the preceding paragraph. Following the issuance of Bonds, no adjustments shall be made to the Backup Special Tax for any Parcel which would result in the reduction of debt service coverage, as projected at the time of Bond issuance.

The Backup Special Tax shall not apply to Other Property, Public Property, or Property Owners’ Association Property.

On each July 1, commencing July 1, 2026, the Backup Special Tax shall be increased by an amount equal to two percent (2.0%) of the amount in effect for the previous Fiscal Year. July 1, 2043 shall be the final year the Backup Special Tax increases. Following the Fiscal Year 2043-2044, the Backup Special Tax shall not increase from the amount in effect for Fiscal Year 2043-2044.

2. Approved Property
The Maximum Special Tax for each Parcel of Approved Property expected to be classified as Single Family Property shall be the Backup Special Tax computed pursuant to Section C.1.b above.

The Maximum Special Tax for each Parcel of Approved Property expected to be classified as Other Property shall be $27,301 per Acre.

3. Undeveloped Property
The Maximum Special Tax for each Parcel of Undeveloped Property is shown in Table 2 below.

TABLE 2
Undeveloped Property Maximum Special Tax
Fiscal Year 2025-2026
Maximum Special Tax Per Acre
$27,301

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4. Public Property and/or Property Owners’ Association Property that is not Exempt Property pursuant to the provisions of Section E.

The Maximum Special Tax for each Parcel of Public Property and/or Property Owners Association Property that is not Exempt Property shall be equal to the product of the applicable Undeveloped Property Maximum Special Tax rate per Acre in Table 2 multiplied by the Acreage of such Parcel.

5. Special Tax Reduction Prior to Issuance of First Series of Bonds.

Prior to the issuance of the first series of Bonds, the CFD shall do one of the following 1) select and engage a Price Point Consultant, where the Price Point Consultant shall prepare a Price Point Study setting forth the Minimum Sale Price of Dwelling Units within each Land Use Category of Residential Property or 2) select and engage a MAI Certified Appraiser, where the MAI Certified Appraiser shall prepare an appraisal setting forth at least the minimum market value of Dwelling Units within each Land Use Category of Residential Property. If, based upon such Price Point Study or appraisal, the Administrator calculates that the Total Tax Burden applicable to Dwelling Units within one or more Land Use Category of Residential Property to be constructed within the CFD exceeds 2.00% of the Minimum Sale Price of such Taxable Units, the Special Tax within such Land Use Category of Residential Property shall be reduced to the extent necessary to cause the Total Tax Burden applicable to Dwelling Units within such Land Use Category(ies) not to exceed 2.00% of the Minimum Sale Price of such Taxable Units. Each Special Tax reduction for a Land Use Category shall be calculated by the Administrator separately, and it shall not be required that such reduction be proportionate among Land Use Categories.

If the Special Tax for any Land Use Category is reduced pursuant to the preceding paragraph, the Administrator shall calculate a reduced Maximum Special Tax for Other Property and Undeveloped Property, as well as a reduced Backup Special Tax for Developed Property. The revised Backup Special Tax shall be equal to the Maximum Special Tax as set forth in Table 1, reduced by a percentage equal to the weighted average percentage reduction in the Special Tax for all Land Use Categories of Residential Property. The weighted average percentage will be calculated by taking the sum of the products of the number of Taxable Units constructed or expected to be constructed in each Land Use Category multiplied by the percentage change in the Special Tax for each Land Use Category (or 0 for Land Use Categories that are not changing). This amount is then divided by the total number of Dwelling Units constructed or expected to be constructed and converted to a percentage. The reduced Maximum Special Tax shall be used to compute the reduced Backup Special Tax. Following the issuance of Bonds, no adjustments shall be made to the Backup Special Tax for any Parcel which would result in the reduction of debt service coverage, as projected at the time of Bond issuance.

The Special Tax reductions, if required pursuant to this section, shall be reflected in an amended notice of Special Tax lien, which the CFD shall cause to be recorded by executing a certificate in substantially the form attached herein as Exhibit B.

D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2026-2027 and for each following Fiscal Year, the City Council shall levy the Special Tax on all Taxable Property until the amount of Special Taxes equals the applicable Special Tax Requirement in accordance with the following steps:

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First: The Special Tax shall be levied Proportionately on each Parcel of Developed Property at up to 100% of the applicable Assigned Special Tax rate as needed to satisfy the Special Tax Requirement; Second: If additional moneys are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Parcel of Approved Property at up to 100% of the Maximum Special Tax for Approved Property; Third: If additional moneys 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 Parcel of Undeveloped Property at up to 100% of the Maximum Special Tax for Undeveloped Property; Fourth: If additional moneys are needed to satisfy the Special Tax Requirement after the first three steps have been completed, the Special Tax to be levied on each Parcel of Developed Property for which the Maximum Special Tax is derived by the application of the Backup Special Tax shall be increased in equal percentages from the Assigned Special Tax up to the Maximum Special Tax for such Parcel;
Fifth: If additional moneys are needed to satisfy the Special Tax Requirement after the first four steps have been completed, the Special Tax shall be levied Proportionately on each Parcel of Taxable Property that is Public Property or Property Owners’ Association Property at up to 100% of the Maximum Special Tax for such Parcel.

Notwithstanding the above, under no circumstances will the Special Taxes levied in any Fiscal Year against any Parcel of Residential Property as a result of a delinquency in the payment of the Special Tax applicable to any other Parcel be increased by more than ten percent (10%) above the amount that would have been levied in that Fiscal Year had there never been any such delinquency or default.

E. EXEMPTIONS
The Administrator shall classify as Exempt Property all Parcels of (i) Public Property or (ii) Property Owners’ Association Property; provided that such classification shall not reduce the Acreage of all Taxable Property of the CFD to fewer than 24.23 Acres. The Administrator shall not classify a Parcel of Public Property or Property Owners’ Association Property as Exempt Property if such classification would reduce the Acreage of all Parcels of Taxable Property to fewer than 24.23 Acres. Such Parcels that cannot be classified as Exempt Property because such classification would reduce the Acreage of all Parcels of Taxable Property to fewer than 24.23 Acres will be classified as Property Owners’ Association Property or Public Property and will continue to be subject to Special Taxes. The Administrator shall classify such Parcels as Exempt Property in the chronological order in which property becomes Public Property or Property Owners’ Association Property.

F. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes and shall be subject to the same penalties, the same procedure, sale and lien priority in the case of delinquency; provided, however, that the Administrator may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet the financial

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obligations of Improvement Area No. 3, and provided further that the CFD may covenant to foreclose and may actually foreclose on Parcels having delinquent Special Taxes as permitted by the Act.

G. APPEALS
Any taxpayer may file a written appeal of the Special Tax on his/her Parcel(s) with the Administrator, provided that the appellant is current in his/her payments of Special Taxes. During pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The Administrator shall review the appeal, meet with the appellant if the Administrator deems necessary, and advise the appellant of its determination. If the Administrator agrees with the appellant, the Administrator shall grant a credit to eliminate or reduce future Special Taxes on the appellant’s Parcel(s). No refunds of previously paid Special Taxes shall be made.

The Administrator shall interpret this Rate and Method and make determinations relative to the annual levy and administration of the Special Tax and any taxpayer who appeals, as herein specified.

The City Council may interpret this Rate and Method for purposes of clarifying any ambiguity and make determinations relative to the amount of Administrative Expenses.

H. PREPAYMENT OF SPECIAL TAX
The following definitions apply to this Section H:
“CFD Public Facilities” means $7,088,364, expressed in 2025 dollars, which shall increase by the Construction Inflation Index on July 1, 2026, and on each July 1 thereafter, or such lower number as (i) shall be determined by the Administrator as sufficient to provide the public facilities under the authorized bonding program, or (ii) shall be determined by the City Council concurrently with a covenant that the CFD will not issue any more Bonds.
“Construction Fund” means, collectively, an account specifically identified in the Indenture to hold funds which are currently available for expenditure to acquire or construct public facilities eligible under the Act and any account established prior to the issuance of Bonds for such purpose. “Construction Inflation Index” means the annual percentage change in the Engineering 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 Administrator that is reasonably comparable to the Engineering News-Record Building Cost Index for the City of Los Angeles. “Future Facilities Costs” means the CFD Public Facilities minus (i) Bond proceeds deposited in Construction Funds and accounts and (ii) other amounts (special taxes, interest earnings, etc.) allocated to Construction Funds and accounts that were available to fund such CFD Public Facilities prior to the date of prepayment, but not less than $0.
“Outstanding Bonds” means all previously issued Bonds, which will remain outstanding after the payment of principal from the amount of Special Taxes that have been levied, excluding Bonds to be redeemed at a later date with the proceeds of prior prepayments of Maximum Special Taxes.

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1. Prepayment in Full
The Maximum Special Tax obligation may be prepaid and permanently satisfied for (i) Parcels of Developed Property, (ii) Parcels of Approved Property or Undeveloped Property for which a Building Permit has been issued, (iii) Approved Property or Undeveloped Property for which a Building Permit has not been issued, and (iv) Parcels of Public Property or Property Owners’ Association Property that are not Exempt Property pursuant to Section E. The Maximum Special Tax obligation applicable to a Parcel may be fully prepaid and the obligation to pay the Special Tax for such Parcel permanently satisfied as described herein; provided that a prepayment may be made only if there are no delinquent Special Taxes with respect to such Parcel at the time of prepayment. An owner of a Parcel intending to prepay the Maximum Special Tax obligation for such Parcel shall provide the Administrator with written notice of intent to prepay, and within 5 business days of receipt of such notice, the Administrator shall notify such owner of the amount of the non-refundable deposit determined to cover the cost to be incurred by the CFD in calculating the Prepayment Amount (as defined below) for the Parcel. Within 15 days of receipt of such non-refundable deposit, the Administrator shall notify such owner of the Prepayment Amount for the Parcel. Prepayment must be made not less than 60 days prior to the redemption date for any Bonds to be redeemed with the proceeds of such prepaid Special Taxes.

The Prepayment Amount (defined below) shall be calculated as follows (capitalized terms are defined below):

Bond Redemption Amount
plus Redemption Premium
plus Future Facilities Amount
plus Defeasance Amount
plus Administrative Fees and Expenses
less Reserve Fund Credit
Equals: Prepayment Amount
The Prepayment Amount shall be determined as of the proposed prepayment date as follows:

1. Confirm that no Special Tax delinquencies apply to such Parcel.

2. For a Parcel of Developed Property, compute the Maximum Special Tax for the Parcel. For a Parcel of Approved Property or Undeveloped Property for which a Building Permit has been issued, compute the Maximum Special Tax for the Parcel as though it was already designated as Developed Property, based upon the Building Permit which has been issued for the Parcel. For a Parcel of Approved Property or Undeveloped Property for which a Building Permit has not been issued, Public Property or Property Owners’ Association Property to be prepaid, compute the Maximum Special Tax for the Parcel.

3. Divide the Maximum Special Tax derived pursuant to paragraph 2 by the total amount of Special Taxes that could be levied at the Maximum Special Tax at build out of all Parcels of Taxable Property based on the applicable Maximum Special Tax for Parcels of Developed Property not including any Parcels for which the Special Tax obligation has been previously prepaid.

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4. Multiply the quotient derived pursuant to paragraph 3 by the principal amount of the Outstanding Bonds to determine the amount of Outstanding Bonds to be redeemed with the Prepayment Amount (the “Bond Redemption Amount”).

5. Multiply the Bond Redemption Amount by the applicable redemption premium, if any, on the Outstanding Bonds to be redeemed (the “Redemption Premium”).

6. Determine the Future Facilities Costs.

7. Multiply the quotient derived pursuant to paragraph 3 by the amount determined pursuant to paragraph 6 to determine the amount of Future Facilities Costs for the Parcel (the “Future Facilities Amount”).

8. Determine 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 on which Bonds can be redeemed from Special Tax prepayments.

9. Determine the Special Taxes levied on the Parcel in the current Fiscal Year which have not yet been paid.

10. Determine the amount the Administrator reasonably expects to derive from the investment of the Bond Redemption Amount and the Redemption Premium from the date of prepayment until the redemption date for the Outstanding Bonds to be redeemed with the Prepayment Amount.

11. Add the amounts derived pursuant to paragraphs 8 and 9 and subtract the amount derived pursuant to paragraph 10 (the “Defeasance Amount”).

12. Verify the administrative fees and expenses of the CFD, including the cost of computation of the Prepayment Amount, the cost to invest the Prepayment Amount, the cost of redeeming the Outstanding Bonds, and the cost of recording notices to evidence the prepayment of the Maximum Special Tax obligation for the Parcel and the redemption of Outstanding Bonds (the “Administrative Fees and Expenses”).

13. The reserve fund credit (the “Reserve Fund Credit”) shall equal the lesser of: (a) the expected reduction in the reserve requirement (as defined in the Indenture), if any, associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirement (as defined in the Indenture) in effect after the redemption of Outstanding Bonds as a result of the prepayment from the balance in the reserve fund on the prepayment date, but in no event shall such amount be less than zero.

14. The Prepayment Amount is equal to the sum of the Bond Redemption Amount, the Redemption Premium, the Future Facilities Amount, the Defeasance Amount and the Administrative Fees and Expenses, less the Reserve Fund Credit.

15. From the Prepayment Amount, the Bond Redemption Amount, the Redemption Premium, and Defeasance Amount shall be deposited into the appropriate fund as established under the Indenture and be used to redeem Outstanding Bonds or make debt service payments. The Future Facilities

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Amount shall be deposited into the Construction Fund. The Administrative Fees and Expenses shall be retained by the CFD.

The Prepayment Amount may be sufficient to redeem other than a $5,000 increment of Bonds. In such event, the increment above $5,000 or an integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next redemption from other Special Tax prepayments of Outstanding Bonds or to make debt service payments.

As a result of the payment of the current Fiscal Year’s Special Tax levy as determined pursuant to paragraph 9 above, the Administrator shall remove the current Fiscal Year’s Special Tax levy for the Parcel from the County tax roll. With respect to any Parcel for which the Maximum Special Tax obligation is prepaid, the City Council shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of Maximum Special Tax obligation and the release of the Special Tax lien for the Parcel, and the obligation to pay the Special Tax for such Parcel shall cease.

Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the amount of Maximum Special Taxes that may be levied on all Parcels of Taxable Property after the proposed prepayment will be at least 1.1 times maximum annual debt service on the Bonds that will remain outstanding after the prepayment plus the estimated annual Administrative Expenses.

Tenders of Bonds in prepayment of the Maximum Special Tax obligation may be accepted upon the terms and conditions established by the City Council pursuant to the Act. However, the use of Bond tenders shall only be allowed on a case-by-case basis as specifically approved by the City Council.

2. Prepayment in Part
The Maximum Special Tax obligation for a Parcel of Developed Property, Approved Property or Undeveloped Property may be partially prepaid. For purposes of determining the partial prepayment amount, the provisions of Section H.1 shall be modified as provided by the following formula:

PP = ((PE –A) x F) +A
These terms have the following meaning:

PP = Partial Prepayment
PE = the Prepayment Amount calculated according to Section H.1 F = the percent by which the owner of the Parcel(s) is partially prepaying the Maximum Special Tax obligation
A = the Administrative Fees and Expenses determined pursuant to Section H.1 The owner of a Parcel who desires to partially prepay the Maximum Special Tax obligation for the Parcel shall notify the Administrator of (i) such owner’s intent to partially prepay the Maximum Special Tax obligation, (ii) the percentage of the Maximum Special Tax obligation such owner wishes to prepay, and (iii) the company or agency that will be acting as the escrow agent, if any. Within 5 days of receipt of such notice, the Administrator shall notify such property owner of the amount of the non-refundable deposit determined to cover the cost to be incurred by the CFD in calculating the amount of a partial prepayment. Within 15 business days of receipt of such non-refundable deposit, the Administrator shall notify such owner of the amount of the Partial Prepayment for the Parcel. A

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Partial Prepayment must be made not less than 60 days prior to the redemption date for the Outstanding Bonds to be redeemed with the proceeds of the Partial Prepayment.

With respect to any Parcel for which the Maximum Special Tax obligation is partially prepaid, the Administrator shall (i) distribute the Partial Prepayment as provided in Paragraph 15 of Section H.1, and (ii) indicate in the records of the CFD that there has been a Partial Prepayment for the Parcel and that a portion of the Special Tax obligation equal to the remaining percentage (1.00 - F) of Special Tax obligation will continue on the Parcel pursuant to Section D.

I. TERM OF THE SPECIAL TAX
The Special Tax shall not be levied after the 2070-2071 Fiscal Year.

J. INTERPRETATIONS
The City Council may interpret this Rate and Method by ordinance or resolution for purposes of clarifying any vagueness or ambiguity. Any decision of the City Council shall be final and binding as to all persons.

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“EXHIBIT B”

CERTIFICATE OF MODIFICATION OF SPECIAL TAX
CITY OF PALM SPRINGS AND CFD NO. 2025-1 (SERENA PARK) IMPROVEMENT AREA NO. 3 CERTIFICATE Pursuant to Section C of the Rate and Method of Apportionment of Special Tax for Community Facilities District No. 2025-1 (Serena Park) of the City of Palm Springs (“CFD No. 2025-1”), the Special Tax for Residential Property and Other Property within CFD No. 2025-1 has been modified.

The information in Table 1 relating to the Special Tax for Developed Property within CFD No. 2025-1, as stated in Section C.1. of the Rate and Method of Apportionment, has been modified as follows:

Developed Property
The Maximum Special Tax for each Parcel of Single Family Property shall be the greater of: (i) the applicable Assigned Special Tax described in Table 1 or (ii) the amount derived by application of the Backup Special Tax.

The Maximum Special Tax for each Parcel of Other Property shall be the Assigned Special Tax described in Table 1.

On each July 1, commencing July 1, 2026, the Maximum Special Tax shall be increased by an amount equal to two percent (2.0%) of the amount in effect for the previous Fiscal Year. July 1, 2043 shall be the final year the Maximum Special Tax increases. Following the Fiscal Year 2043-2044, the Maximum Special Tax shall not increase from the amount in effect for Fiscal Year 2043-2044. a. Assigned Special Tax
The Assigned Special Tax for each Parcel of Developed Property is shown in Table 1.

TABLE 1
Assigned Special Taxes for Developed Property
Fiscal Year 20__-20__
Land Use Category
Taxable
Unit Residential Floor Area
Assigned Special Tax
Per Taxable Unit

1. Single Family Property D/U Less than 1,750 sq. ft. $________

2. Single Family Property D/U 1,750 sq. ft. – 1,949 sq. ft. $________

3. Single Family Property D/U 1,950 sq. ft. – 2,149 sq. ft. $________

4. Single Family Property D/U 2,150 sq. ft. – 2,349 sq. ft. $________

5. Single Family Property D/U 2,350 sq. ft. – 2,549 sq. ft. $________

6. Single Family Property D/U 2,550 sq. ft. – 2,749 sq. ft. $________

7. Single Family Property D/U Greater than 2,749 sq. ft. $________

8. Other Property Acre N/A $________

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CERTIFICATE OF MODIFICATION OF SPECIAL TAX
By execution hereof, the undersigned acknowledge, on behalf of the District and CFD No. 2025-1, receipt of this certificate and modification of the Rate and Method of Apportionment of Special Tax as set forth in this certificate.

CITY OF PALM SPRINGS
IMPROVEMENT AREA NO. 3 OF COMMUNITY FACILITIES DISTRICT NO. 2025-1 (SERENA PARK) By:_________________________________ Date:______________________

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RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
IMPROVEMENT AREA NO. 4 OF
COMMUNITY FACILITIES DISTRICT NO. 2025-1 (SERENA PARK)

OF THE CITY OF PALM SPRINGS
A Special Tax (all capitalized terms are defined in Section A, “Definitions”, below) shall be applicable to each Parcel of Taxable Property located within the boundaries of Improvement Area No. 4 of the CFD.

The amount of Special Tax to be levied in each Fiscal Year, on a Parcel, shall be determined by the City Council of The City of Palm Springs, acting in its capacity as the legislative body of the CFD by applying the appropriate Special Tax for Developed Property, Approved Property, Undeveloped Property, Public Property, and/or Property Owners’ Association Property that is not Exempt Property as set forth in Sections B, C, and D, below. All of the real property within Improvement Area No. 4, unless exempted by law or by the provisions hereof in Section E, 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:
“Acre” or “Acreage” means the acreage of a Parcel as indicated on the most recent Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area shown on the applicable Final Map, parcel map, condominium plan, or other similar instrument. “Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Part 1 of Division 2 of Title 5 of the California Government Code of the State of California. “Administrative Expenses” means all actual or reasonably estimated costs and expenses of the City related to Improvement Area No. 4 that are chargeable or allocable to carry out its duties as the administrator as allowed by the Act, which shall include without limitation, all costs and expenses arising out of or resulting from the annual levy and collection of the Special Tax, trustee fees, rebate compliance calculation fees, any litigation involving the CFD, continuing disclosure undertakings of the City as imposed by applicable laws and regulations, communication with bondholders and normal administrative expenses.
“Administrator” means an official of the City, or designee thereof, responsible for determining the annual amount of the levy and collection of the Special Taxes. “Approved Property” means all Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to the January 1st preceding the Fiscal Year in which the Special Tax is being levied, and (ii) that have not been issued a Building Permit on or prior to the April 1st preceding the Fiscal Year in which the Special Tax is being levied.
“Assessor’s Parcel Map” means an official map of the Assessor of the County of Riverside designating parcels by Assessor’s Parcel number.
“Assigned Special Tax” means the Special Tax for each Land Use Category of Developed Property, as determined in accordance with Section C.1.a., below.
“Backup Special Tax” means the Special Tax amount set forth in Section C.1.b., below.

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“Bonds” means any bonds or other indebtedness (as defined in the Act), whether in one or more series, issued by the CFD and secured by the levy of Improvement Area No. 4 Special Taxes. “Boundary Map” means a recorded map, as amended, of the CFD which indicates the boundaries of Improvement Area No. 4 of the CFD.
“Building Permit” means the first legal document issued by a local agency giving official permission for new construction. For purposes of this definition, “Building Permit” may or may not include any subsequent building permits issued or changed after the first issuance, as determined by the Administrator.
“CFD” means Community Facilities District No. 2025-1 (Serena Park) of The City of Palm Springs established pursuant to the Act.
“City” means The City of Palm Springs.
“City Council” means the City Council of The City of Palm Springs. “County” means the County of Riverside.
“Developed Property” means all Parcels of Taxable Property that are included in a Final Map that was recorded prior to January 1st preceding the Fiscal Year in which the Special Tax is being levied and for which a Building Permit for new construction has been issued on or prior to April 1st preceding the Fiscal Year in which the Special Tax is being levied.
“Dwelling Unit” or “(D/U)” means a residential unit that is offered for sale (and not for rent) that is used or permitted to be used as a domicile by one or more persons, as determined by the Administrator.
“Exempt Property” means any Parcel which is exempt from Special Taxes pursuant to Section E below. “Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 4285 that creates individual lots for which Building Permits may be issued without further subdivision. “Fiscal Year” means the 12 month period starting on July 1 of any calendar year and ending on the following June 30.
“Improvement Area No. 4” or “IA No. 4” means the property in the CFD designated as Improvement Area No. 4 on the Boundary Map.
“Indenture” means the bond indenture, fiscal agent agreement, trust 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 Category” means any of the categories listed in Table 1. “MAI Certified Appraiser” or “Appraiser” means a certified appraiser and member of the Appraisal Institute who has met strict testing, standards and experience requirements.

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“Maximum Special Tax” means for each Parcel, the maximum Special Tax, determined in accordance with Section C, which can be levied in any Fiscal Year on such Parcel. “Minimum Sale Price” means the minimum price at which Dwelling Units of a given Land Use Category have sold or are expected to be sold in a normal marketing environment and shall not include prices for such Dwelling Units that are sold at a discount to expected sales prices for the purpose of stimulating the initial sales activity with respect to such Land Use Category. No incentives or discounts offered by the seller will be deducted from expected or sold home prices. “Other Property” means all Parcels of Developed Property for which a Building Permit was issued for any type of use other than Single Family Property.
“Parcel(s)” means a lot or parcel shown on an Assessor’s Parcel Map located in Improvement Area No. 4.
“Price Point Consultant” means any consultant or firm of such consultants selected by the CFD that (a) has substantial experience in performing price point studies for Residential Property within community facilities districts established under the Act or otherwise estimating or confirming pricing for Dwelling Units of Residential Property in such community facilities districts, (b) has recognized expertise in analyzing economic and real estate data that relates to the pricing of Dwelling Units of Residential Property in such community facilities districts, (c) is in fact independent and not under the control of the CFD or the City, (d) does not have any substantial interest, direct or indirect, with or in (i) the CFD, (ii) the City, (iii) any owner of real property in the CFD, or (iv) any real property in the CFD, and (e) is not connected with the CFD or the City as an officer or employee thereof, but who may be regularly retained to make reports to the CFD or the City. “Price Point Study” means a price point study or a letter updating a previous price point study prepared by the Price Point Consultant pursuant to Section C.5 herein. “Property Owners’ Association Property” means all Parcels which, as of July 1st of the Fiscal Year in which the Special Tax is being levied, have been conveyed, dedicated to, or irrevocably offered for dedication to a property owner association, including any master or sub-association. “Proportionately” means for Taxable Property that is (i) Developed Property, that the ratio of the actual Special Tax levy to the Assigned Special Tax is the same for all Parcels of Developed Property, (ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Approved Property, and (iii) Undeveloped Property, Public Property, and Property Owners’ Association Property, that the ratio of the actual Special Tax levy per acre to the Maximum Special Tax per acre is the same for all Parcels of Undeveloped Property, Public Property, and Property Owners’ Association Property.
“Public Property” means all Parcels which, as of July 1st of the Fiscal Year in which the Special Tax is being levied, are used for rights-of-way or any other purpose and is owned by, dedicated to, or irrevocably offered for dedication to the federal government, the State of California, the County, or any other local jurisdiction, provided, however, that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified according to its use.
“Rate and Method” means this Rate and Method of Apportionment of Special Tax for Improvement Area No. 4 of Community Facilities District No. 2025-1 (Serena Park) of The City of Palm Springs.

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“Residential Floor Area” means all of the square footage of living area of a residential structure, not including any carport, walkway, garage, overhang, patio, enclosed patio or similar area on a Parcel.

The determination of Residential Floor Area shall be made by reference to the original Building Permit issued for the Parcel or, if the Building Permit is not available by reference to a similar official document as selected by the Administrator.
“Residential Property” means all Parcels of Developed Property for which a Building Permit has been issued for purposes of constructing one or more Dwelling Units. “Single Family Property” means all Parcels of Residential Property. “Special Tax(es)” means the special tax to be levied in each Fiscal Year pursuant to the Rate and Method on each Parcel of Taxable Property in accordance with Section D. “Special Tax Requirement” means that amount required in any Fiscal Year: (i) to pay annual debt service on all outstanding Bonds due in the calendar year which commences in such Fiscal Year; (ii) to pay periodic costs on the Bonds, including but not limited to, credit enhancement and rebate payments on the Bonds; (iii) to pay Administrative Expenses; (iv) to pay any anticipated shortfall due based on Special Tax delinquencies in the prior Fiscal Year; (v) to establish or replenish any reserve funds for the outstanding Bonds or with respect to Bonds expected to be issued in such Fiscal Year; (vi) until the final series of Bonds are issued as determined by the City Council, to pay directly for acquisition or construction of the facilities eligible under the Act, provided that the inclusion of such amount does not increase the levy of Special Tax on Approved Property or Undeveloped Property as set forth in Step 2 or Step 3 of section D below; less (vii) a credit for funds available to reduce the annual Special Tax levy as determined pursuant to the Indenture as determined by the Administrator. “Taxable Property” means all Parcels for which the Special Taxes have not been prepaid in full pursuant to Section H. or that are not exempt from the Special Tax pursuant to law or Section E. “Taxable Unit” means either a Dwelling Unit or an Acre, as shown in Table 1. “Total Tax Burden” means for any Dwelling Unit, the annual Special Tax, together with ad valorem property taxes, special assessments, special taxes for any overlapping community facilities district, and any other taxes, fees, and charges which are levied and imposed on such Dwelling Unit and the real property on which it is located and collected by the County on ad valorem tax bills and which are secured by such Dwelling Unit and the real property on which it is located, assuming such Dwelling Unit had been completed, sold, and subject to such levies and impositions, excluding PACE Charges (or any other charge entered into voluntarily by the property owner) and service charges such as those related to sewer and trash.
“Undeveloped Property” means all Parcels of Taxable Property not classified as Developed Property, Approved Property, Public Property, or Property Owners’ Association Property.

B. ASSIGNMENT TO LAND USE CATEGORY
Each Fiscal Year, commencing with the 2026-2027 Fiscal Year, all Parcels of Taxable Property shall be classified as Developed Property, Approved Property, Undeveloped Property, Public Property, and/or Property Owners’ Association Property, and subject to the levy of Special Taxes in accordance with this Rate and Method as determined pursuant to Sections C and D.

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Parcels of Developed Property shall further be classified as Residential Property or Other Property.

Parcels of Residential Property shall further be classified as Single Family Property. Parcels of Single Family Property shall be further categorized into Land Use Categories based on the Residential Floor Area for such Parcel.

C. MAXIMUM SPECIAL TAX RATE

1. Developed Property
The Maximum Special Tax for each Parcel of Single Family Property shall be the greater of: (i) the applicable Assigned Special Tax described in Table 1 or (ii) the amount derived by application of the Backup Special Tax.

The Maximum Special Tax for each Parcel of Other Property shall be the Assigned Special Tax described in Table 1.

On each July 1, commencing July 1, 2026, the Maximum Special Tax shall be increased by an amount equal to two percent (2.0%) of the amount in effect for the previous Fiscal Year. July 1, 2043 shall be the final year the Maximum Special Tax increases. Following the Fiscal Year 2043-2044, the Maximum Special Tax shall not increase from the amount in effect for Fiscal Year 2043-2044. a. Assigned Special Tax
The Assigned Special Tax for each Parcel of Developed Property is shown in Table 1.

TABLE 1
Assigned Special Taxes for Developed Property
Fiscal Year 2025-2026
Land Use Category
Taxable
Unit Residential Floor Area
Assigned Special Tax
Per Taxable Unit

1. Single Family Property D/U Less than 2,100 sq. ft. $3,470

2. Single Family Property D/U 2,100 sq. ft. – 2,299 sq. ft. $3,735

3. Single Family Property D/U Greater than 2,299 sq. ft. $4,000

4. Other Property Acre N/A $31,262
On each July 1, commencing July 1, 2026, the Assigned Special Tax shall be increased by an amount equal to two percent (2.0%) of the amount in effect for the previous Fiscal Year. July 1, 2043 shall be the final year the Assigned Special Tax increases. Following the Fiscal Year 2043-2044, the Assigned Special Tax shall not increase from the amount in effect for Fiscal Year 2043-2044. b. Backup Special Tax
When a Final Map is recorded, the Backup Special Tax for a Parcel classified or to be classified as Single Family Property within such Final Map shall be determined by multiplying the Undeveloped Property Maximum Special Tax per Acre by the total Acreage of Taxable Property within such Final Map,

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excluding the Acreage associated with (i) Public Property and/or Property Owners’ Association Property that is not Exempt Property pursuant to Section E and (ii) Other Property, , and dividing such amount by the number of Parcels within such Final Map classified as either (i) Single Family Property or (ii) Approved Property for which a Building Permit is expected to be issued for Single Family Property (i.e., the number of residential lots).

A Parcel that does not have any changes made to it after the initial assignment of the Backup Special Tax shall not be increased if other Parcels in a Final Map are changed. Prior to the issuance of Bonds, if Parcels classified or to be classified as Single Family Property are subsequently changed or modified by recordation of a lot line adjustment or similar instrument, then the Backup Special Tax shall be recalculated for the area that has been changed or modified using the methodology described in the preceding paragraph. Following the issuance of Bonds, no adjustments shall be made to the Backup Special Tax for any Parcel which would result in the reduction of debt service coverage, as projected at the time of Bond issuance.

The Backup Special Tax shall not apply to Other Property, Public Property, or Property Owners’ Association Property.

On each July 1, commencing July 1, 2026, the Backup Special Tax shall be increased by an amount equal to two percent (2.0%) of the amount in effect for the previous Fiscal Year. July 1, 2043 shall be the final year the Backup Special Tax increases. Following the Fiscal Year 2043-2044, the Backup Special Tax shall not increase from the amount in effect for Fiscal Year 2043-2044.

2. Approved Property
The Maximum Special Tax for each Parcel of Approved Property expected to be classified as Single Family Property shall be the Backup Special Tax computed pursuant to Section C.1.b above.

The Maximum Special Tax for each Parcel of Approved Property expected to be classified as Other Property shall be $31,262 per Acre.

3. Undeveloped Property
The Maximum Special Tax for each Parcel of Undeveloped Property is shown in Table 2 below.

TABLE 2
Undeveloped Property Maximum Special Tax
Fiscal Year 2025-2026
Maximum Special Tax Per Acre
$31,262

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4. Public Property and/or Property Owners’ Association Property that is not Exempt Property pursuant to the provisions of Section E.

The Maximum Special Tax for each Parcel of Public Property and/or Property Owners Association Property that is not Exempt Property shall be equal to the product of the applicable Undeveloped Property Maximum Special Tax rate per Acre in Table 2 multiplied by the Acreage of such Parcel.

5. Special Tax Reduction Prior to Issuance of First Series of Bonds.

Prior to the issuance of the first series of Bonds, the CFD shall do one of the following 1) select and engage a Price Point Consultant, where the Price Point Consultant shall prepare a Price Point Study setting forth the Minimum Sale Price of Dwelling Units within each Land Use Category of Residential Property or 2) select and engage a MAI Certified Appraiser, where the MAI Certified Appraiser shall prepare an appraisal setting forth at least the minimum market value of Dwelling Units within each Land Use Category of Residential Property. If, based upon such Price Point Study or appraisal, the Administrator calculates that the Total Tax Burden applicable to Dwelling Units within one or more Land Use Category of Residential Property to be constructed within the CFD exceeds 2.00% of the Minimum Sale Price of such Taxable Units, the Special Tax within such Land Use Category of Residential Property shall be reduced to the extent necessary to cause the Total Tax Burden applicable to Dwelling Units within such Land Use Category(ies) not to exceed 2.00% of the Minimum Sale Price of such Taxable Units. Each Special Tax reduction for a Land Use Category shall be calculated by the Administrator separately, and it shall not be required that such reduction be proportionate among Land Use Categories.

If the Special Tax for any Land Use Category is reduced pursuant to the preceding paragraph, the Administrator shall calculate a reduced Maximum Special Tax for Other Property and Undeveloped Property, as well as a reduced Backup Special Tax for Developed Property. The revised Backup Special Tax shall be equal to the Maximum Special Tax as set forth in Table 1, reduced by a percentage equal to the weighted average percentage reduction in the Special Tax for all Land Use Categories of Residential Property. The weighted average percentage will be calculated by taking the sum of the products of the number of Taxable Units constructed or expected to be constructed in each Land Use Category multiplied by the percentage change in the Special Tax for each Land Use Category (or 0 for Land Use Categories that are not changing). This amount is then divided by the total number of Dwelling Units constructed or expected to be constructed and converted to a percentage. The reduced Maximum Special Tax shall be used to compute the reduced Backup Special Tax. Following the issuance of Bonds, no adjustments shall be made to the Backup Special Tax for any Parcel which would result in the reduction of debt service coverage, as projected at the time of Bond issuance.

The Special Tax reductions, if required pursuant to this section, shall be reflected in an amended notice of Special Tax lien, which the CFD shall cause to be recorded by executing a certificate in substantially the form attached herein as Exhibit B.

D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2026-2027 and for each following Fiscal Year, the City Council shall levy the Special Tax on all Taxable Property until the amount of Special Taxes equals the applicable Special Tax Requirement in accordance with the following steps:

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First: The Special Tax shall be levied Proportionately on each Parcel of Developed Property at up to 100% of the applicable Assigned Special Tax rate as needed to satisfy the Special Tax Requirement; Second: If additional moneys are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Parcel of Approved Property at up to 100% of the Maximum Special Tax for Approved Property; Third: If additional moneys 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 Parcel of Undeveloped Property at up to 100% of the Maximum Special Tax for Undeveloped Property; Fourth: If additional moneys are needed to satisfy the Special Tax Requirement after the first three steps have been completed, the Special Tax to be levied on each Parcel of Developed Property for which the Maximum Special Tax is derived by the application of the Backup Special Tax shall be increased in equal percentages from the Assigned Special Tax up to the Maximum Special Tax for such Parcel;
Fifth: If additional moneys are needed to satisfy the Special Tax Requirement after the first four steps have been completed, the Special Tax shall be levied Proportionately on each Parcel of Taxable Property that is Public Property or Property Owners’ Association Property at up to 100% of the Maximum Special Tax for such Parcel.

Notwithstanding the above, under no circumstances will the Special Taxes levied in any Fiscal Year against any Parcel of Residential Property as a result of a delinquency in the payment of the Special Tax applicable to any other Parcel be increased by more than ten percent (10%) above the amount that would have been levied in that Fiscal Year had there never been any such delinquency or default.

E. EXEMPTIONS
The Administrator shall classify as Exempt Property all Parcels of (i) Public Property or (ii) Property Owners’ Association Property; provided that such classification shall not reduce the Acreage of all Taxable Property of the CFD to fewer than 10.87 Acres. The Administrator shall not classify a Parcel of Public Property or Property Owners’ Association Property as Exempt Property if such classification would reduce the Acreage of all Parcels of Taxable Property to fewer than 10.87 Acres. Such Parcels that cannot be classified as Exempt Property because such classification would reduce the Acreage of all Parcels of Taxable Property to fewer than 10.87 Acres will be classified as Property Owners’ Association Property or Public Property and will continue to be subject to Special Taxes. The Administrator shall classify such Parcels as Exempt Property in the chronological order in which property becomes Public Property or Property Owners’ Association Property.

F. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes and shall be subject to the same penalties, the same procedure, sale and lien priority in the case of delinquency; provided, however, that the Administrator may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet the financial

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obligations of Improvement Area No. 4, and provided further that the CFD may covenant to foreclose and may actually foreclose on Parcels having delinquent Special Taxes as permitted by the Act.

G. APPEALS
Any taxpayer may file a written appeal of the Special Tax on his/her Parcel(s) with the Administrator, provided that the appellant is current in his/her payments of Special Taxes. During pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The Administrator shall review the appeal, meet with the appellant if the Administrator deems necessary, and advise the appellant of its determination. If the Administrator agrees with the appellant, the Administrator shall grant a credit to eliminate or reduce future Special Taxes on the appellant’s Parcel(s). No refunds of previously paid Special Taxes shall be made.

The Administrator shall interpret this Rate and Method and make determinations relative to the annual levy and administration of the Special Tax and any taxpayer who appeals, as herein specified.

The City Council may interpret this Rate and Method for purposes of clarifying any ambiguity and make determinations relative to the amount of Administrative Expenses.

H. PREPAYMENT OF SPECIAL TAX
The following definitions apply to this Section H:
“CFD Public Facilities” means $4,102,493, expressed in 2025 dollars, which shall increase by the Construction Inflation Index on July 1, 2026, and on each July 1 thereafter, or such lower number as (i) shall be determined by the Administrator as sufficient to provide the public facilities under the authorized bonding program, or (ii) shall be determined by the City Council concurrently with a covenant that the CFD will not issue any more Bonds.
“Construction Fund” means, collectively, an account specifically identified in the Indenture to hold funds which are currently available for expenditure to acquire or construct public facilities eligible under the Act and any account established prior to the issuance of Bonds for such purpose. “Construction Inflation Index” means the annual percentage change in the Engineering 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 Administrator that is reasonably comparable to the Engineering News-Record Building Cost Index for the City of Los Angeles. “Future Facilities Costs” means the CFD Public Facilities minus (i) Bond proceeds deposited in Construction Funds and accounts and (ii) other amounts (special taxes, interest earnings, etc.) allocated to Construction Funds and accounts that were available to fund such CFD Public Facilities prior to the date of prepayment, but not less than $0.
“Outstanding Bonds” means all previously issued Bonds, which will remain outstanding after the payment of principal from the amount of Special Taxes that have been levied, excluding Bonds to be redeemed at a later date with the proceeds of prior prepayments of Maximum Special Taxes.

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1. Prepayment in Full
The Maximum Special Tax obligation may be prepaid and permanently satisfied for (i) Parcels of Developed Property, (ii) Parcels of Approved Property or Undeveloped Property for which a Building Permit has been issued, (iii) Approved Property or Undeveloped Property for which a Building Permit has not been issued, and (iv) Parcels of Public Property or Property Owners’ Association Property that are not Exempt Property pursuant to Section E. The Maximum Special Tax obligation applicable to a Parcel may be fully prepaid and the obligation to pay the Special Tax for such Parcel permanently satisfied as described herein; provided that a prepayment may be made only if there are no delinquent Special Taxes with respect to such Parcel at the time of prepayment. An owner of a Parcel intending to prepay the Maximum Special Tax obligation for such Parcel shall provide the Administrator with written notice of intent to prepay, and within 5 business days of receipt of such notice, the Administrator shall notify such owner of the amount of the non-refundable deposit determined to cover the cost to be incurred by the CFD in calculating the Prepayment Amount (as defined below) for the Parcel. Within 15 days of receipt of such non-refundable deposit, the Administrator shall notify such owner of the Prepayment Amount for the Parcel. Prepayment must be made not less than 60 days prior to the redemption date for any Bonds to be redeemed with the proceeds of such prepaid Special Taxes.

The Prepayment Amount (defined below) shall be calculated as follows (capitalized terms are defined below):

Bond Redemption Amount
plus Redemption Premium
plus Future Facilities Amount
plus Defeasance Amount
plus Administrative Fees and Expenses
less Reserve Fund Credit
Equals: Prepayment Amount
The Prepayment Amount shall be determined as of the proposed prepayment date as follows:

1. Confirm that no Special Tax delinquencies apply to such Parcel.

2. For a Parcel of Developed Property, compute the Maximum Special Tax for the Parcel. For a Parcel of Approved Property or Undeveloped Property for which a Building Permit has been issued, compute the Maximum Special Tax for the Parcel as though it was already designated as Developed Property, based upon the Building Permit which has been issued for the Parcel. For a Parcel of Approved Property or Undeveloped Property for which a Building Permit has not been issued, Public Property or Property Owners’ Association Property to be prepaid, compute the Maximum Special Tax for the Parcel.

3. Divide the Maximum Special Tax derived pursuant to paragraph 2 by the total amount of Special Taxes that could be levied at the Maximum Special Tax at build out of all Parcels of Taxable Property based on the applicable Maximum Special Tax for Parcels of Developed Property not including any Parcels for which the Special Tax obligation has been previously prepaid.

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A-11

4. Multiply the quotient derived pursuant to paragraph 3 by the principal amount of the Outstanding Bonds to determine the amount of Outstanding Bonds to be redeemed with the Prepayment Amount (the “Bond Redemption Amount”).

5. Multiply the Bond Redemption Amount by the applicable redemption premium, if any, on the Outstanding Bonds to be redeemed (the “Redemption Premium”).

6. Determine the Future Facilities Costs.

7. Multiply the quotient derived pursuant to paragraph 3 by the amount determined pursuant to paragraph 6 to determine the amount of Future Facilities Costs for the Parcel (the “Future Facilities Amount”).

8. Determine 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 on which Bonds can be redeemed from Special Tax prepayments.

9. Determine the Special Taxes levied on the Parcel in the current Fiscal Year which have not yet been paid.

10. Determine the amount the Administrator reasonably expects to derive from the investment of the Bond Redemption Amount and the Redemption Premium from the date of prepayment until the redemption date for the Outstanding Bonds to be redeemed with the Prepayment Amount.

11. Add the amounts derived pursuant to paragraphs 8 and 9 and subtract the amount derived pursuant to paragraph 10 (the “Defeasance Amount”).

12. Verify the administrative fees and expenses of the CFD, including the cost of computation of the Prepayment Amount, the cost to invest the Prepayment Amount, the cost of redeeming the Outstanding Bonds, and the cost of recording notices to evidence the prepayment of the Maximum Special Tax obligation for the Parcel and the redemption of Outstanding Bonds (the “Administrative Fees and Expenses”).

13. The reserve fund credit (the “Reserve Fund Credit”) shall equal the lesser of: (a) the expected reduction in the reserve requirement (as defined in the Indenture), if any, associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirement (as defined in the Indenture) in effect after the redemption of Outstanding Bonds as a result of the prepayment from the balance in the reserve fund on the prepayment date, but in no event shall such amount be less than zero.

14. The Prepayment Amount is equal to the sum of the Bond Redemption Amount, the Redemption Premium, the Future Facilities Amount, the Defeasance Amount and the Administrative Fees and Expenses, less the Reserve Fund Credit.

15. From the Prepayment Amount, the Bond Redemption Amount, the Redemption Premium, and Defeasance Amount shall be deposited into the appropriate fund as established under the Indenture and be used to redeem Outstanding Bonds or make debt service payments. The Future Facilities

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A-12
Amount shall be deposited into the Construction Fund. The Administrative Fees and Expenses shall be retained by the CFD.

The Prepayment Amount may be sufficient to redeem other than a $5,000 increment of Bonds. In such event, the increment above $5,000 or an integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next redemption from other Special Tax prepayments of Outstanding Bonds or to make debt service payments.

As a result of the payment of the current Fiscal Year’s Special Tax levy as determined pursuant to paragraph 9 above, the Administrator shall remove the current Fiscal Year’s Special Tax levy for the Parcel from the County tax roll. With respect to any Parcel for which the Maximum Special Tax obligation is prepaid, the City Council shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of Maximum Special Tax obligation and the release of the Special Tax lien for the Parcel, and the obligation to pay the Special Tax for such Parcel shall cease.

Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the amount of Maximum Special Taxes that may be levied on all Parcels of Taxable Property after the proposed prepayment will be at least 1.1 times maximum annual debt service on the Bonds that will remain outstanding after the prepayment plus the estimated annual Administrative Expenses.

Tenders of Bonds in prepayment of the Maximum Special Tax obligation may be accepted upon the terms and conditions established by the City Council pursuant to the Act. However, the use of Bond tenders shall only be allowed on a case-by-case basis as specifically approved by the City Council.

2. Prepayment in Part
The Maximum Special Tax obligation for a Parcel of Developed Property, Approved Property or Undeveloped Property may be partially prepaid. For purposes of determining the partial prepayment amount, the provisions of Section H.1 shall be modified as provided by the following formula:

PP = ((PE –A) x F) +A
These terms have the following meaning:

PP = Partial Prepayment
PE = the Prepayment Amount calculated according to Section H.1 F = the percent by which the owner of the Parcel(s) is partially prepaying the Maximum Special Tax obligation
A = the Administrative Fees and Expenses determined pursuant to Section H.1 The owner of a Parcel who desires to partially prepay the Maximum Special Tax obligation for the Parcel shall notify the Administrator of (i) such owner’s intent to partially prepay the Maximum Special Tax obligation, (ii) the percentage of the Maximum Special Tax obligation such owner wishes to prepay, and (iii) the company or agency that will be acting as the escrow agent, if any. Within 5 days of receipt of such notice, the Administrator shall notify such property owner of the amount of the non-refundable deposit determined to cover the cost to be incurred by the CFD in calculating the amount of a partial prepayment. Within 15 business days of receipt of such non-refundable deposit, the Administrator shall notify such owner of the amount of the Partial Prepayment for the Parcel. A

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Partial Prepayment must be made not less than 60 days prior to the redemption date for the Outstanding Bonds to be redeemed with the proceeds of the Partial Prepayment.

With respect to any Parcel for which the Maximum Special Tax obligation is partially prepaid, the Administrator shall (i) distribute the Partial Prepayment as provided in Paragraph 15 of Section H.1, and (ii) indicate in the records of the CFD that there has been a Partial Prepayment for the Parcel and that a portion of the Special Tax obligation equal to the remaining percentage (1.00 - F) of Special Tax obligation will continue on the Parcel pursuant to Section D.

I. TERM OF THE SPECIAL TAX
The Special Tax shall not be levied after the 2073-2074 Fiscal Year.

J. INTERPRETATIONS
The City Council may interpret this Rate and Method by ordinance or resolution for purposes of clarifying any vagueness or ambiguity. Any decision of the City Council shall be final and binding as to all persons.

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A-14
“EXHIBIT B”

CERTIFICATE OF MODIFICATION OF SPECIAL TAX
CITY OF PALM SPRINGS AND CFD NO. 2025-1 (SERENA PARK) IMPROVEMENT AREA NO. 4 CERTIFICATE Pursuant to Section C of the Rate and Method of Apportionment of Special Tax for Community Facilities District No. 2025-1 (Serena Park) of the City of Palm Springs (“CFD No. 2025-1”), the Special Tax for Residential Property and Other Property within CFD No. 2025-1 has been modified.

The information in Table 1 relating to the Special Tax for Developed Property within CFD No. 2025-1, as stated in Section C.1. of the Rate and Method of Apportionment, has been modified as follows:

Developed Property
The Maximum Special Tax for each Parcel of Single Family Property shall be the greater of: (i) the applicable Assigned Special Tax described in Table 1 or (ii) the amount derived by application of the Backup Special Tax.

The Maximum Special Tax for each Parcel of Other Property shall be the Assigned Special Tax described in Table 1.

On each July 1, commencing July 1, 2026, the Maximum Special Tax shall be increased by an amount equal to two percent (2.0%) of the amount in effect for the previous Fiscal Year. July 1, 2043 shall be the final year the Maximum Special Tax increases. Following the Fiscal Year 2043-2044, the Maximum Special Tax shall not increase from the amount in effect for Fiscal Year 2043-2044. a. Assigned Special Tax
The Assigned Special Tax for each Parcel of Developed Property is shown in Table 1.

TABLE 1
Assigned Special Taxes for Developed Property
Fiscal Year 20__-20__
Land Use Category
Taxable
Unit Residential Floor Area
Assigned Special Tax
Per Taxable Unit

1. Single Family Property D/U Less than 2,100 sq. ft. $______

2. Single Family Property D/U 2,100 sq. ft. – 2,299 sq. ft. $______

3. Single Family Property D/U Greater than 2,299 sq. ft. $______

4. Other Property Acre N/A $______

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A-15

CERTIFICATE OF MODIFICATION OF SPECIAL TAX
By execution hereof, the undersigned acknowledge, on behalf of the District and CFD No. 2025-1, receipt of this certificate and modification of the Rate and Method of Apportionment of Special Tax as set forth in this certificate.

CITY OF PALM SPRINGS
IMPROVEMENT AREA NO. 4 OF COMMUNITY FACILITIES DISTRICT NO. 2025-1 (SERENA PARK) By:_________________________________ Date:______________________

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APPENDIX B
Boundary Map

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SHEET 1 OF 1 SHEET
M:\GIS-Assessment\Palm Springs\CFD2025-1_Boundary.mxd

THIS ANNEXATION MAP CORRECTLY SHOWS THE LOT OR PARCEL

OF LAND INCLUDED WITHIN THE BOUNDARIES OF THE COMMUNITY FACILITIES DISTRICT. FOR DETAILS CONCERNING THE LINES AND

DIMENSIONS OF LOTS OR PARCELS REFER TO THE COUNTY
ASSESSOR'S MAPS FOR FISCAL YEAR 2025-2026.

PROPOSED BOUNDARY
FILED IN THE OFFICE OF THE CITY CLERK,CITY OF PALM SPRINGS, THIS ________DAY OF _______, 20___. ____________________________________CITY CLERK CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT No. 2025-1 (SERENA PARK)

CITY OF PALM SPRINGS

COUNTY OF RIVERSIDE, STATE OF CALIFORNIA

VICINITY MAP

NOT TO SCALE

PROPOSEDBOUNDARY
I-10

R N D CANYO DIAN N IN VIA ESCUELA

ALEJO RD

L R Y T RT ENE AU G

E VISTA CHINO
SH-111
VARNER RD 21ST AVE

ROSE AVE
30TH AVE

RADIO RD
I-10
111
10 RECORDED THIS ____ DAY OF ___________,20___, AT THE HOUR OF ____ O'CLOCK __M, ININ BOOK ___ PAGE ___ OF MAPS OF ASSESSMENTAND COMMUNITY FACILITIES DISTRICTS IN THEOFFICE OF THE COUNTY RECORDER, IN THECOUNTY OF RIVERSIDE, STATE OF CALIFORNIA.FEE: ____________ NO.: _______________PETER ALDANA, ASSESSOR, COUNTY CLERK,RECORDER BY: ______________________________________ DEPUTY THIS MAP SHOWS THE BOUNDARIES OFCOMMUNITY FACILITIES DISTRICT NO. 2025-1(SARENA PARK) OF THE CITY OF PALM SPRINGS,COUNTY OF RIVERSIDE, STATE OF CALIFORNIA.I HEREBY CERTIFY THAT THE WITHIN MAP ORAREAS TO BE COMMUNITY FACILITIES DISTRICTNO. 2025-1 (SERENA PARK) OF THE CITY OFPALM SPRINGS, COUNTY OF RIVERSIDE,STATE OF CALIFORNIA, WAS APPROVED BYTHE CITY COUNCIL OF THE CITY OFPALM SPRINGS AT A REGULARMEETING THEREOF, HELD ON THE ___________ DAYOF __________________, 20___, BY ITS RESOLUTION NO.________________. ______________________________CITY CLERK CITY OF PALM SPRINGS

ASSESSOR'S PARCEL LIST
IMPROVEMENT AREA No. 1:
501-190-011 (Portion)
IMPROVEMENT AREA No. 2:
669-480-027 (Portion)501-190-011 (Portion)
669-590-066
IMPROVEMENT AREA No. 3:
501-190-011 (Portion)669-480-027 (Portion)
IMPROVEMENT AREA No. 4:
677-020-032677-030-034
Improvement Area No. 3
Tract No. 36691
Improvement Area No. 2
Tract No. 36691-6
Improvement Area No. 3
Tract No. 36691-2
Improvement Area No. 2
Tract No. 36691-4
Improvement Area No. 3
Tract No. 36691-5
Improvement Area No. 1
Tract No. 36691-3
Improvement Area No. 4
Tract No. 38042
Improvement Area No. 1
Tract No. 36691-1
Improvement Area No. 4
Tract No. 39267 DR HAROBED

DR ARDNAS

OCI N E DR AL

ACACIA RD W

ACACIA RD E

FARRELL DR

INAL RD VIM

WHITEWATER CLUB DR FARRELL DR

SAVANNA WAY

VERONA RD

FRANCIS DR

D OLIA R MAGN N

VENTURA RD

VINCENTIA RD

HUDSON RD

ROCHELLE RD

D R ITOS CERR

RACQUET CLUB RD

JOYCE DR

S RD LAMO A S LO

RD RESS CYP

RD SA UPERO CH

RD HADA BA

VENETIA RD

VALENCIA RD

HILDY LN

BELLAMY RD

FINLEY RD

ROGERS RD

POWELL RD

WAYNE RD

DEL LAGO RD
LEGEND
IMPROVEMENT AREA No. 1IMPROVEMENT AREA No. 2IMPROVEMENT AREA No. 3 IMPROVEMENT AREA No. 4CFD BOUNDARYPARCEL LINE
0 500 1,000 1,500
Feet

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ATTACHMENT H
Community Facilities
District (CFD) Boundary
Map

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SHEET 1 OF 1 SHEET
M:\GIS-Assessment\Palm Springs\CFD2025-1_Boundary.mxd

THIS ANNEXATION MAP CORRECTLY SHOWS THE LOT OR PARCEL

OF LAND INCLUDED WITHIN THE BOUNDARIES OF THE COMMUNITY FACILITIES DISTRICT. FOR DETAILS CONCERNING THE LINES AND

DIMENSIONS OF LOTS OR PARCELS REFER TO THE COUNTY
ASSESSOR'S MAPS FOR FISCAL YEAR 2025-2026.

PROPOSED BOUNDARY
FILED IN THE OFFICE OF THE CITY CLERK,CITY OF PALM SPRINGS, THIS ________DAY OF _______, 20___. ____________________________________CITY CLERK CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT No. 2025-1 (SERENA PARK)

CITY OF PALM SPRINGS

COUNTY OF RIVERSIDE, STATE OF CALIFORNIA

VICINITY MAP

NOT TO SCALE
PROPOSEDBOUNDARY I-10

N INDIAN CANYON D
R

VIA ESCUELA

ALEJO RD

GENE AUTRY TRL

E VISTA CHINO
SH-111
VARNER RD 21ST AVE

ROSE AVE
30TH AVE

RADIO RD
I-10
111
10 RECORDED THIS ____ DAY OF ___________,20___, AT THE HOUR OF ____ O'CLOCK __M, ININ BOOK ___ PAGE ___ OF MAPS OF ASSESSMENTAND COMMUNITY FACILITIES DISTRICTS IN THEOFFICE OF THE COUNTY RECORDER, IN THECOUNTY OF RIVERSIDE, STATE OF CALIFORNIA.FEE: ____________ NO.: _______________PETER ALDANA, ASSESSOR, COUNTY CLERK,RECORDERBY: ______________________________________ DEPUTY
THIS MAP SHOWS THE BOUNDARIES OFCOMMUNITY FACILITIES DISTRICT NO. 2025-1(SARENA PARK) OF THE CITY OF PALM SPRINGS,COUNTY OF RIVERSIDE, STATE OF CALIFORNIA.I HEREBY CERTIFY THAT THE WITHIN MAP ORAREAS TO BE COMMUNITY FACILITIES DISTRICTNO. 2025-1 (SERENA PARK) OF THE CITY OFPALM SPRINGS, COUNTY OF RIVERSIDE,STATE OF CALIFORNIA, WAS APPROVED BYTHE CITY COUNCIL OF THE CITY OFPALM SPRINGS AT A REGULARMEETING THEREOF, HELD ON THE ___________ DAYOF __________________, 20___, BY ITS RESOLUTION NO.________________.______________________________CITY CLERK CITY OF PALM SPRINGS

ASSESSOR'S PARCEL LIST
IMPROVEMENT AREA No. 1:
501-190-011 (Portion)
IMPROVEMENT AREA No. 2:
669-480-027 (Portion)501-190-011 (Portion)
669-590-066
IMPROVEMENT AREA No. 3:
501-190-011 (Portion)669-480-027 (Portion)
IMPROVEMENT AREA No. 4:
677-020-032677-030-034
Improvement Area No. 3
Tract No. 36691
Improvement Area No. 2
Tract No. 36691-6
Improvement Area No. 3
Tract No. 36691-2
Improvement Area No. 2
Tract No. 36691-4
Improvement Area No. 3
Tract No. 36691-5
Improvement Area No. 1
Tract No. 36691-3
Improvement Area No. 4
Tract No. 38042
Improvement Area No. 1
Tract No. 36691-1
Improvement Area No. 4
Tract No. 39267
DE
B
O
RA
H
R
D
S
A
N
D
RA
R
D
N
IC
O
L
A
R
D
E
A
C
A
C
I
A
R
D
W
ACA
C
A
I
RD
E
FAR
R
E
L
L
D
R

VIMINAL RD

WHITEWATER CLUB DR FARRELL
DR

SAVANNA WAY

VERONA RD

FRANCIS DR

N MAGNOLIA R
D

VENTURA RD

VINCENTIA RD

HUDSON RD

ROCHELLE RD

CERRITOS R
D

RACQUET CLUB RD

JOYCE DR

LOS ALAMOS RD

CYPRESS RD

CHUPEROSA RD

BAHADA RD

VENETIA RD

VALENCIA RD

HILDY LN

BELLAMY RD

WAYNE RD

ROGERS RD

POWELL RD

FINLEY RD

DEL LAGO RD
LEGEND
IMPROVEMENT AREA No. 1IMPROVEMENT AREA No. 2IMPROVEMENT AREA No. 3 IMPROVEMENT AREA No. 4CFD BOUNDARYPARCEL LINE
0 500 1,000 1,500
Feet
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ATTACHMENT I
Funding, Construction and
Acquisition Agreement

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55575.70015\44396913.2

FUNDING, CONSTRUCTION AND ACQUISITION AGREEMENT
Relating to
COMMUNITY FACILITIES DISTRICT NO. 2025-1
(SERENA PARK)

OF THE CITY OF PALM SPRINGS
by and between

THE CITY OF PALM SPRINGS
and
SERENA 386, LLC,
a Delaware limited liability company
____________, 2025

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1 FUNDING, CONSTRUCTION AND ACQUISITION AGREEMENT
COMMUNITY FACILITIES DISTRICT NO. 2025-1
(SERENA PARK)

OF THE CITY OF PALM SPRINGS
This FUNDING, CONSTRUCTION AND ACQUISITION AGREEMENT (the “Agreement”) is entered into the _________, 2025 by and between the CITY OF PALM SPRINGS, a charter city and municipal organization organized and operating under the laws of the State of California (the “City”), and SERENA 386, LLC, a Delaware limited liability company (the “Owner”).

R E C I T A L S
A. Owner owns that certain real property located on approximately 118.59 acres of land (the “Property”) located in the City, commonly known as the SERENA PARK PROJECT. The Property is subject to the First Amendment to First Amended and Restated Development Agreement, entered into as of July 9, 2024, by and between the City and PS Country Club, LLC, a California limited liability company (“PS LLC”) and the Owner, recorded in the Riverside County Recorder’s Office on August 12, 2024, as Document Number 2024-0240100 (the “Development Agreement”). Subsequent to the execution of the Development Agreement, PS LLC sold all of its interest in the Property to the Owner and assigned its interest in the Development Agreement to the Owner. As of the date hereof, the Owner is the only developer party to the Development Agreement.

B. The City, is in the process of establishing a community facilities district with four improvement areas (individually, an “Improvement Area” and, collectively, the “Improvement Areas”) pursuant to the provisions of Chapter 2.5 (commencing with § 53311) of Part 1 of Division 2 of Title 5 of the Government Code, commonly known as the “Mello-Roos Community Facilities Act of 1982” (the “Act”), over and including the Property for the purpose of levying special taxes and selling bonds, in one or more series, with respect to each Improvement Area (the “Bonds”) in an amount sufficient to finance in the order requested by Owner (i) the design, planning, engineering, installation and acquisition or construction of certain public facilities and improvements to be owned, operated or maintained by the City, including the City Construction Facilities and the City Acquisition Facilities (each term as defined herein); and (ii) to the extent authorized by law, to satisfy the obligation of the Property and the Owner for the payment of certain fees to the City that are credited to the City Construction Facilities (the “City Fees” and, together with the City Construction Facilities and the City Acquisition Facilities, the “Public Facilities”). The Public Facilities are generally described in Exhibit A attached hereto, which are necessary to the development of the Property. Said community facilities district shall be known as the “Community Facilities District No. 2025-1 (SERENA PARK) of the City of Palm Springs” (the “District”).

C. Section 53313.5 of the Act provides that a community facilities district may finance the purchase of facilities completed prior to the adoption of the resolution establishing the community facilities district, and may purchase facilities completed after the adoption of the resolution of formation establishing the community facilities district if the facilities have been constructed as if they had been constructed under the direction and supervision, or under the authority of, the local agency whose governing body is conducting proceedings for the establishment of the community facilities district.

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2 D. The purpose of this Agreement is to provide for satisfaction of Section 53313.5 through the levy of special taxes of each Improvement Area and the issuance and sale of the Bonds of the District secured by the special taxes to finance the design, planning, engineering, financing, installation, and construction or acquisition of the Public Facilities and expenses incidental thereto (the “Special Taxes”).

Additionally, a separate special tax will be levied by the City of Palm Springs CFD No. 2005- 1 (“City CFD No. 2005-1”) to pay for City public safety services, including police and fire protection and suppression services provided by the City. Improvement Area No. 1, Improvement Area No. 2, Improvement Area No. 3, and a portion of Improvement Area No. 4 have already been annexed into City CFD No. 2005-1.

E. The Owner intends to, over time, develop all or part of the property in the District through one or more of the following: (i) by developing the portion of the property in the District itself; or (ii) by conveying portions of the property in the District to one or more Residential Builders, but agreeing to construct the Acquisition Facilities and depositing the City Fees and seeking the payment of the Purchase Prices of the Acquisition Facilities and the return of the Deposits hereunder without assigning this Agreement to the Residential Builder; or (iii) by conveying portions of the property in the District to one or more Residential Builders, assigning this Agreement to the Residential Builder whereby the Residential Builder agrees to construct certain identified Acquisition Facilities and deposit certain identified City Fees, but reserving the right of the Owner to receive the payment of the Purchase Prices of the Acquisition Facilities and the return of the Deposits; or (iv) by conveying portions of the property in the District to one or more Residential Builders and assigning this Agreement to the Residential Builder whereby the Residential Builder agrees to construct certain identified Acquisition Facilities and deposit certain identified City Fees and the Residential Builder shall be entitled to receive the payment of the Purchase Prices of the Acquisition Facilities and the return of the Deposits; or (v) by some combination of the foregoing. If the Owner determines to assign this Agreement to a Residential Builder, the Owner and the Residential Builder will enter into an Assignment and Assumption Agreement. Under any such Assignment and Assumption Agreement, the Owner will be responsible for the development of the property conveyed to it and will be obligated to construct the Acquisition Facilities identified in the Assignment and Assumption Agreement and will be entitled to the benefits of this Agreement that are specifically identified in the Assignment and Assumption Agreement.

F. Capitalized terms used herein and not otherwise defined shall have the meaning set forth in Exhibit B attached hereto and by this reference herein incorporated.

AGREEMENT
NOW, THEREFORE, in consideration of the preceding recitals, incorporated herein by this reference, and the mutual covenants hereinafter contained, the parties agree as follows:

Section 1. Establishment of District, Conflict with Development Agreement. (a) The City has initiated proceedings pursuant to the Act for the establishment of the District.

Such proceedings include elections within each Improvement Area pursuant to Sections 53313, 53326, 53350 and 53353.5 of the Act on (i) the question of the issuance of the Bonds for each Improvement Area of the District to finance the design, planning, engineering, construction management, financing, installation and construction or acquisition of the Public Facilities, (ii) the question of the annual levy of the Special Taxes within each Improvement Area on those portions of the Property subject to the Special

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3 Taxes to pay directly for the Public Facilities and to pay the principal of and interest on Bonds of each Improvement Area and the annual administrative expenses of the City in levying and collecting such Special Taxes, paying the principal and interest on such Bonds and providing for the registration, exchange and transfer of such Bonds, including the fees of fiscal agents and paying agents, and any necessary replenishment of the reserve fund for such Bonds, and (iii) the question of the establishment of an appropriations limit for each Improvement Area. All of the Public Facilities shall be authorized to be financed with the proceeds of Bonds and Special Taxes of any Improvement Area, regardless of the geographic location of the Public Facilities.

From time to time prior to the issuance of the Bonds for an Improvement Area, at the written request of Owner, and subject to Owner advancing funds as determined by the City as necessary to pay all costs related thereto in accordance with Section 4 below, the City shall use its reasonable best efforts to undertake proceedings which may be deemed necessary or appropriate to amend the Rate and Method applicable to such Improvement Area or to amend the boundaries of such Improvement Area. (b) To the extent that the terms of this Agreement, the proceedings to establish the District and the Rate and Method conflict with or are inconsistent with the terms of the Development Agreement, then the provisions of this Agreement, the proceedings to establish the District and the Rate and Method shall supersede and control.
(c) The Owner currently owns the property located in Improvement Area No. 1, Improvement Area No. 2, and Improvement Area No. 3. The Owner is under contract to acquire the property in Improvement Area No. 4, but as of the date of this Agreement, the Owner does not own such property.

Accordingly, this Agreement applies only to Improvement Area Nos. 1-3 (as it currently exists or as it may be expanded through annexation) until such time as the Owner takes title to all of Improvement Area No. 4, at which time this Agreement shall automatically and without further action on the part of the City or the Owner be applicable to Improvement Area Nos. 1-4.

Section 2. Payment of City Fees as Deposit. Any payment or deposit of City Fees before Special Taxes are received or proceeds of the Bonds become available, including all City Fees paid prior to the execution of this Agreement, shall be held on deposit by the City in a separate account used exclusively for City Fees (the “Deposit Account”), and shall not be expended by the City, provided, however, earnings on the investment of funds in the Deposit Account shall be returned to the City. If any Bonds have not been issued for a period of twenty (20) months from the first deposit of City Fees, then the City may use any funds remaining in the Deposit Account for their lawful purposes and such funds shall be deemed by the City as the payment of the City Fees for the applicable parcels of the Property for which payment was made, subject to reimbursement to the Owner as set forth below.

Immediately upon the City receiving proceeds of the Bonds or Special Taxes in accordance with this Agreement to pay all or part of such City Fees at any time (including beyond the 20-month time period described above), the City shall return to Owner, or Owner’s designee, an amount equal to the lesser of the proceeds of Bonds or Special Taxes or the amount of the City Fees that were deposited with the City and held in the Deposit Account. If the City has expended all or any part of the Deposit Account, then the proceeds of the Bonds or Special Taxes shall be used to replenish the deposits so that they may be returned to the Owner.

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4 Section 3. Sale of Bonds. Upon Owner’s written request, the City shall use its reasonable best efforts, as hereinafter provided, to issue and sell Bonds, in one or more series, for each of the Improvement Areas in accordance with the provisions of this Agreement and the Financing District Policy. Each series of Bonds is expected to have a debt service amortization schedule not exceeding thirty-five (35) years (subject to the term of the Special Taxes in the applicable Rate and Method for an Improvement Area), for the purpose of raising an amount sufficient to pay for the design, planning, engineering, construction management, financing, installation and construction or acquisition and rehabilitation or replacement of the Public Facilities. In connection with the issuance of the first series of Bonds for each Improvement Area, the City on behalf of itself and the District shall establish criteria for the issuance of Additional Bonds of such Improvement Area which meet the criteria of the Financing District Policy. The timing of the issuance and sale of each series of Bonds, the aggregate principal amount thereof, and the terms and conditions upon which they shall be sold shall be as set forth in this Agreement and otherwise as determined by the City in its sole reasonable discretion after consultation with Owner. Not by way of limitation of the foregoing, the timing of the issuance and sale of the first series of Bonds and any Additional Bonds shall be as soon as reasonably practicable, as determined by the City in its sole reasonable discretion following consultation with its financial advisor, underwriter and other consultants and counsel after written request from Owner. Owner shall use its reasonable best efforts to cooperate with City in connection with any Bond sale.

Section 4. Advance of Certain Expenses. After the establishment of the District, Owner shall deposit funds with the City for the City’s reasonable out-of-pocket expenses associated with a sale of each series of Bonds, including, but not limited to, (i) the fees and expenses of any consultants and legal counsel to the City employed in connection with the issuance of the Bonds, including an engineer, special tax consultant, financial advisor, bond counsel and any other consultant deemed necessary or advisable by the City, (ii) the costs of appraisals, market absorption and feasibility studies and other reports deemed necessary or advisable by the City in connection with the issuance of the Bonds, (iii) the costs of publication of notices and other costs related to any proceeding undertaken in connection with the issuance of the Bonds, (iv) reasonable charges for City staff time incurred in connection with the issuance of the Bonds, including a reasonable allocation of City overhead expense, and (v) any and all other actual costs and expenses incurred by the City in connection with the issuance of the Bonds (“Reimbursable Expenses”). If the Bonds are issued by the District, the City shall reimburse Owner from proceeds of the Bonds, without interest, for the portion of the Reimbursable Expenses deposits that have been expended or encumbered, said reimbursement to be made from the proceeds of the Bonds on the date of issuance of the Bonds or as soon as reasonably possible thereafter and only to the extent otherwise permitted under the Act, and refund any unexpended or encumbered deposited amounts. If the Special Taxes are levied and collected, the City may reimburse Owner from the receipts of Special Taxes (net of amounts required to pay District administrative expenses), without interest, for the portion of the deposits paid by Owner pursuant to the Deposit Agreement or this Agreement that have been expended or encumbered, said reimbursement from receipts of Special Taxes to be made on or before the end of each fiscal year; provided, however, that the City may retain such collected Special Taxes in the amounts that it deems reasonably necessary to facilitate the issuance of the Bonds.

The City shall keep records of all Reimbursable Expenses advanced by the Owner and paid by the City pursuant to this Section 4, which records shall be available for inspection by Owner during regular business hours. The sole source of funds for reimbursement of any advance expenditure made by the City or Owner shall be the uncommitted and unexpended payments made by Owner to the City, proceeds of the Bonds, or Special Tax receipts as determined by the City.

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5 Section 5. Tax Requirements. The timing of the sale of each series of Bonds, the nature of the investments in which the proceeds of the Bonds shall be invested, the duration of such investments, and the timing of the expenditure of such proceeds shall be as set forth in this Agreement and the applicable Fiscal Agent Agreement; provided, except with respect to any Bonds issued as taxable Bonds, that in all such matters City shall comply with the requirements of and limitations prescribed by the provisions of Sections 103 and 141 through 150 of the Internal Revenue Code of 1986 (the “Code”), as amended, and the implementing regulations of the United States Department of the Treasury. If the Bonds are issued on a tax-exempt basis, the City shall not be required to take any such action which in the opinion of the City’s bond counsel could result in the Bonds being classified by the United States Department of the Treasury as “arbitrage bonds” or which could otherwise result in the interest on the Bonds being included in gross income for purposes of federal income taxation; provided, however, that the Owner recognizes that, under certain circumstances, a portion of the Public Facilities may only be financed on a taxable basis. Should any change in or regulatory interpretation of any such requirement or limitation which may occur after the date of this Agreement require or necessitate, in the reasonable opinion of such bond counsel, any action on the part of the City in order to avoid such a classification or loss of tax exemption, the City shall notwithstanding any provision of this Agreement, forthwith take such action. In the event the City fails to comply with requirements set forth above in this Section 5, the City’s liability is limited to the Special Tax revenues generated by the applicable Improvement Area.

Section 6. Priority and Allocation of Special Taxes, Surplus Special Taxes and Bond Proceeds.
(a) Remainder Taxes. The Rate and Method for each Improvement Area includes a provision for the annual Special Tax Requirement that provides that until the final series of Bonds are issued for an Improvement Area as determined by the City Council, the City may levy Special Taxes to pay directly for acquisition or construction of the facilities eligible under the Act, provided that the inclusion of such amount does not increase the levy of Special Tax on Approved Property or Undeveloped Property. The levy on Developed Property for such purposes is not automatic, so it is necessary that the City direct the levy each year. Accordingly, for each Improvement Area, the City shall, in each Fiscal Year, direct the levy of the maximum Assigned Special Tax (as defined in the Rate and Method) on Developed Property regardless of whether Bonds have been issued and regardless of the debt service on Bonds, until the earlier of (i) the payment in full of all Public Facilities pursuant to this Acquisition Agreement or (ii) all authorized Bonds for the applicable Improvement Area have been issued. The Special Taxes collected shall be utilized as set forth below:
(1) Special Taxes Prior to the Issuance of Bonds.

For each Improvement Area, Special Taxes levied and collected prior to the issuance of Bonds in such Improvement Area shall be held by the City and used to pay the following in the following order of priority: (i) the Priority Administrative Expense Requirement for such Improvement Area and (ii) the costs of construction and acquisition of Public Facilities pursuant to this Agreement. If no Bonds are issued, then the amount payable to Owner as reimbursement for the costs of the Public Facilities from Special Taxes will be paid for a period not to exceed the termination date set forth in the applicable Rate and Method.
(2) Special Taxes Following the Issuance of Bonds. Following the issuance of Bonds for an Improvement Area any Special Taxes levied and collected on all Assessor’s Parcels pursuant

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6 to the Rate and Method for such Improvement Area shall be utilized as follows and in the following order of priority:
(i) first, to fund an amount up to the Priority Administrative Expense Requirement for such Improvement Area;
(ii) second, to pay principal and interest on outstanding Bonds in such Improvement Area and to replenish the applicable reserve fund to the applicable reserve fund requirement; (iii) third, to fund all actual Improvement Area administrative expenses in excess of the Priority Administrative Expense Requirement for such Improvement Area; and (iv) fourth, all remaining amounts shall be deposited in the Special Fund and disbursed according to the following priority:
a. if not reimbursed from the proceeds of Bonds, to reimburse Reimbursable Expenses paid by Owner to City pursuant to the Deposit Agreement or this Agreement and Owner’s third-party consultant costs incurred relating to the formation of the District; and b. to the extent not funded with the proceeds of such series of Bonds, to pay or reimburse Owner for any Public Facilities in the order requested by Owner but subject to the terms of this Agreement; and
c. all remaining amounts shall be used by the City to acquire, construct, repair and replace Public Facilities pursuant to this Agreement. (b) Improvement Area Bond Proceeds. The proceeds of all Bonds of each Improvement Area, shall be allocated and disbursed according to the requirements of the Fiscal Agent Agreement but otherwise according to the following priorities:
(1) first, to fund all costs of issuance of the Bonds including (i) a reserve fund for the Bonds which does not exceed the amount permitted under the Code or the Act, (ii) capitalized interest for at least the period required to collect sufficient Special Taxes through the annual levy, or such amount as the City shall determine pursuant to the Financing District Policy, (iii) the underwriter’s discount, (iv) the Reimbursable Expenses (including reimbursement of the Owner pursuant to the Deposit Agreement or this Agreement), and (v) bond counsel fees, disclosure counsel fees, financial advisor, appraisal and market absorption consultant fees, special tax consultant fees, fiscal agent or trustee fees, developer counsel and consultant fees associated with the issuance of Bonds, and other typical and reasonable out-of-pocket expenses incurred by the City in connection with the issuance and sale of the Bonds; and
(2) second, to pay or reimburse the Owner the costs of the Public Facilities and City Construction Facilities in the order requested by Owner but subject to the terms of this Agreement.

Section 7. Reserved.

Section 8. Construction of Public Facilities.

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7 (a) Plans. Owner shall cause plans (the “Plans”) to be prepared for the City Acquisition Facilities. Owner shall obtain the written approval of the Plans in accordance with applicable ordinances and regulations of the City. Copies of all Plans shall be provided by Owner to the City Manager, or designee thereof, upon request therefore, and, in any event, as-built drawings and a written assignment of the Plans for any City Acquisition Facility shall be provided to the City prior to its completion.

Notwithstanding anything herein to the contrary, Owner shall not be required to prepare Plans or construct City Acquisition Facilities any earlier, or in any manner other than as required by the Conditions of Approval.
(b) Duty of Owner to Construct. All City Acquisition Facilities to be acquired hereunder, shall be constructed by or at the direction of Owner substantially in accordance with the approved Plans and in compliance with City’s Procurement and Contracting Policy and the City’s Municipal Code, as may be amended. Owner shall perform all of its obligations hereunder and shall conduct all operations with respect to the construction of the City Acquisition Facilities in a good, workmanlike and commercially reasonable manner, with the standard of diligence and care normally employed by duly qualified persons utilizing their best efforts in the performance of comparable work and in accordance with generally accepted practices appropriate to the activities undertaken. Owner shall employ at all times adequate staff or consultants with the requisite experience necessary to administer and coordinate all work related to the design, engineering, acquisition, construction and installation of the City Acquisition Facilities to be constructed or acquired by the City from Owner hereunder.

Owner shall be obligated, as and when required by the Conditions of Approval, (i) to construct and convey to the City (or other applicable governmental agency) all City Acquisition Facilities and (ii) to use its own funds to pay all costs thereof in excess of the Construction Contract or Purchase Prices of such City Acquisition Facilities.

Owner shall not be relieved of its obligation to construct each City Acquisition Facility (as and when required by the Conditions of Approval) and convey each such City Acquisition Facility to the City in accordance with the terms hereof, even if, (i) because of the limitations imposed by Section 8(f) hereof, the Purchase Price for such City Acquisition Facility is less than the Actual Cost, or cost to Owner, of such City Acquisition Facility, or (ii) there are insufficient proceeds of the Bonds or moneys in the Special Fund to pay the Purchase Price thereof, and, in any event, this Agreement shall not affect any obligation of Owner under the Conditions of Approval or any other agreement to which Owner is a party or any other governmental approval to which Owner or any land within the District is subject, with respect to the City Acquisition Facilities required in connection with the development of the land within the District. For the avoidance of doubt, the proceeds of Bonds and Special Taxes from any Improvement Area may be used to finance Public Facilities, to the extent such proceeds are available. (c) Relationship to Public Works. This Agreement is for the acquisition by the City of the City Acquisition Facilities constructed by the Owner on behalf of the City, from proceeds of the Bonds and moneys on deposit in the Special Fund, and is not intended to be a public works contract. The City and Owner agree that the City Acquisition Facilities are of local and not statewide concerns, and that the provisions of the California Public Contract Code shall not apply to the construction of the City Acquisition Facilities except as set forth herein. Nothing in this Agreement shall subject Owner to duplicative requirements than it is otherwise subject to by this Agreement with respect to its bidding, contracting, and construction of the City Acquisition Facilities. The City and Owner agree that Owner, at its sole expense, shall conduct a formal bid process and award all Construction Contracts of the City

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8 Acquisition Facilities in compliance with City’s Procurement and Contracting Policy and the City’s Municipal Code, as may be amended. This Agreement is necessary to assure the timely and satisfactory completion of the City Acquisition Facilities and that, except to the extent otherwise specified above in this paragraph, compliance with the Public Contract Code with respect to the City Acquisition Facilities would work an incongruity and would not produce an advantage to the City or the District.

Notwithstanding the foregoing, Owner, or its designee, shall award the Construction Contract and all contracts for construction of the City Acquisition Facilities, for which it subsequently submits Payment Request, shall be awarded to the lowest responsible bidder submitting a responsive bid, as determined by Owner and confirmed in writing by the City. Owner, or its designee, shall solicit and award bids in accordance with City policies and standards for the Construction Contract in compliance with Title 7 (Procurement and Contracting) of the City’s Municipal Code, as may be amended, and construction of each such City Acquisition Facility and Owner, or its designee, shall open the bids actually received and read them aloud immediately following the submittal deadline. Upon written request of the City Manager or his designee, Owner shall provide to the City an analysis of bids for the Construction Contract and construction of such City Acquisition Facilities. Owner acknowledges and agrees that the Construction Contract and the City Acquisition Facilities for which Owner submits Payment Requests shall be subject to the payment of prevailing wages by the applicable contractor(s) or subcontractor(s) pursuant to California Prevailing Wage Law, codified at California Labor Code section 1720 et seq., as may be amended from time to time, or otherwise required by law.

The costs of materials shall be part of the contractors’ bids for the Construction Contract and constructing the City Acquisition Facilities. Nothing in this Agreement shall prevent the supply or sale of materials which comply with City specifications by Owner to the Construction Contract or contractors constructing the City Acquisition Facilities.

Owner shall develop, or cause to be developed, and shall maintain, or cause to be maintained, a cost-loaded project schedule, using the critical path method, providing for all major project elements included in the Construction Contract and the construction of any City Acquisition Facility to be acquired hereunder, so that the whole project is scheduled in the most efficient manner. Owner shall provide the City Manager with complete copies of the schedule and each update to the schedule for the City Manager or his designee to review.

From time to time (expected to be at least monthly) at the request of the City Manager or his designee, Owner shall meet and confer with City staff, consultants and contractors regarding matters arising hereunder with respect to the Construction Contract and the City Acquisition Facilities and the progress in constructing and acquiring the same, and as to any other matter related to the Construction Contract, the City Acquisition Facilities, or this Agreement. Owner shall advise the City Manager or his designee in advance of any coordination and scheduling meetings to be held with contractors relating to the Construction Contract and the City Acquisition Facilities, in the ordinary course of performance of an individual contract. The City Manager or his designee shall have the right to be present at such meetings, and, following seven day’s advance written notice to the Owner, to meet and confer with individual contractors if deemed advisable by the City Manager or his designee to resolve disputes and/or ensure the proper completion of the Construction Contract and the City Acquisition Facilities.

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9 City hereby agrees that to its actual knowledge, compliance with the foregoing by Owner will satisfy the requirements of Government Code Section 53313.5 for the completion of the City Acquisition Facilities.
(d) Contractor’s License. None of the obligations of Owner set forth in this Agreement shall be deemed to include any activities requiring a contractor’s license. Owner shall ensure that the contractors and sub-contractors performing work under the Construction Contract or any contract for the construction of the City Acquisition Facilities shall have and maintain a contractor’s license in good standing.
(e) Performance and Payment Bonds. Owner agrees to comply with all applicable performance and payment bonding requirements of the City with respect to the construction of the City Acquisition Facilities. Performance and payment bonds shall not be required of Owner to the extent that there are proceeds of the Bonds or moneys in the Special Fund available to make the progress payments or pay the Purchase Price of a City Acquisition Facility, as defined in Section 9(c) below, provided that all contractors and/or subcontractors employed by Owner in connection with the construction of the City Acquisition Facility shall provide a labor and materials and performance bonds which name the City as an additional insured.
(f) Contracts and Change Orders. Owner, or its designee, shall be responsible for entering into all contracts and any supplemental agreements (commonly referred to as “change orders”) required for the construction of the City Acquisition Facilities, and all such contracts and supplemental agreements in excess of $25,000 shall be submitted to the City Manager or his designee. Additionally, Owner shall not approve continuing change orders on any one facility without the written consent of the City Manager. The City expects that such contracts and supplemental agreements needing prior approval by the City Manager will be reasonably approved or denied (any such denial to be in writing, stating the reasons for denial and the actions, if any, that can be taken to obtain later approval) promptly after receipt by the City Manager thereof. To the extent that a supplemental agreement, approved by the City Manager, or his designee, increases the Actual Cost of a City Acquisition Facility, such increased cost may be payable as part of the Purchase Price of the related City Acquisition Facility as provided in Section 9 hereof.
(g) Time for Completion. Owner reasonably expects, and agrees to use its good faith efforts to complete, all City Acquisition Facilities that are expected to be financed with the proceeds of a particular series of Bonds within thirty-six (36) calendar months from the date of closing of such Bonds.

Section 9. Acquisition and Payment of City Acquisition Facilities. (a) Inspection. No payment hereunder shall be made by the City to Owner for a City Acquisition Facility or Discrete Component thereof until the City Acquisition Facility or Discrete Component has been inspected and found to be completed in accordance with the approved Plans by the City. City hereby agrees to inspect the City Acquisition Facilities and/or Discrete Component’s thereof promptly upon Owner’s request. Unless otherwise agreed to by the City and Owner, the City shall make or cause to be made regular on-going site inspections of the City Acquisition Facilities to be acquired hereunder. Owner agrees to pay all inspection, permit and other similar fees of the City applicable to construction of the City Acquisition Facilities, including the costs of any additional inspectors if required by the City, which may be recovered as part of the Purchase Price of the City Acquisition Facilities.

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10 (b) Agreement to Sell and Purchase City Acquisition Facilities. Owner hereby agrees to sell the City Acquisition Facilities to the City and the City hereby agrees to use proceeds of the Bonds and amounts in the Special Fund to pay the Purchase Price, as defined below, thereof to Owner, subject to the terms and conditions hereof. The City shall not be obligated to finance the purchase of any City Acquisition Facility until the City Acquisition Facility is completed and the acceptance date for such City Acquisition Facility has occurred; provided that the City has agreed to make payments for Discrete Components prior to the acceptance date for the City Acquisition Facility of which a Discrete Component is a part without requiring formal acceptance of the City Acquisition Facility. Owner acknowledges that the Discrete Components have been identified for payment purposes only, and that the City shall not accept a City Acquisition Facility of which a Discrete Component is a part until the entire City Acquisition Facility has been completed. The City acknowledges that the Discrete Components do not have to be accepted by the City as a condition precedent to the payment of the Purchase Price therefor, but any such payment shall not be made until a Discrete Component has been completed in accordance with the Plans therefor. The City shall not be obligated to pay the Purchase Price for any City Acquisition Facility except from the proceeds of the Bonds and moneys in the Special Fund. (c) Purchase Price. The Purchase Price for each City Acquisition Facility and Discrete Component shall be equal to the Actual Cost of such City Acquisition Facility and Discrete Component, but subject to the limitations of this Section 9.
(d) Payment Requests. In order to receive the Purchase Price for a completed City Acquisition Facility or Discrete Component, inspection thereof under Section 9(a) shall have been made and Owner shall deliver to the City Manager or his designee a Payment Request in the form of Exhibit C hereto for such City Acquisition Facility or Discrete Component, together with all attachments and exhibits required by this Section 9(d) to be included therewith. If payment is requested for a completed City Acquisition Facility, as opposed to a Discrete Component, and if the property on which the City Acquisition Facility is located is not owned by the City at the time of the request, Owner shall provide a copy of the recorded documents conveying to the City Acceptable Title to the real property on, in or over which such City Acquisition Facility is located, as described in Section 10(a) hereof. Owner shall also provide a copy of the recorded notice of completion of the City Acquisition Facility, an assignment to the District of any reimbursements that may be payable with respect to the City Acquisition Facility, such as City or private utility reimbursements, and a non-exclusive assignment of the warranties and guaranties for such City Acquisition Facility, as described in Section 10(e) hereof, in a form acceptable to the City.

Any reimbursements received by the District with respect to a City Acquisition Facility shall be deposited in the Improvement Fund.
(e) Processing Payment Requests for City Acquisition Facilities. Upon receipt of a Payment Request (and all accompanying documents), the City Manager or his designee shall promptly conduct a review in order to confirm that such request is complete, that such City Acquisition Facility or Discrete Component identified therein was constructed in accordance with the Plans therefore, and to verify and approve the Actual Cost of such City Acquisition Facility or Discrete Component specified in such Payment Request. The City Manager or his designee shall also conduct such review as is required in his/her discretion to confirm the matters certified in the Payment Request. Owner agrees to cooperate with the City Manager or his designee in conducting each such review and to provide the City Manager or his designee with such additional information and documentation as is reasonably necessary for the City Manager or his designee to conclude each such review. Within twenty (20) calendar days of receipt of any Payment Request, the City Manager or his designee expects to review the request for completeness and

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11 notify Owner whether such Payment Request is complete, and, if not, what additional documentation must be provided. If such Payment Request is complete, the City Manager or his designee expects to provide a written approval or denial (specifying the reason for any denial) of the request within thirty (30) days of its submittal. If a Payment Request seeking reimbursement for more than one City Acquisition Facility or Discrete Component is denied, the City Manager or his designee shall state whether the Payment Request is nevertheless approved and complete for any one or more City Acquisition Facilities or Discrete Component and any such City Acquisition Facilities or Discrete Component shall be processed for payment under Section 9(f) notwithstanding such partial denial. (f) Payment. Upon approval of the Payment Request by the City Manager or his designee, the City Manager or his designee shall sign the Payment Request and forward the same to the Finance Director of the City. Upon receipt of the reviewed and fully signed Payment Request, the Finance Director of the City shall, within the then current City financial accounting payment cycle but in any event within ten (10) calendar days of receipt of the approved Payment Request, cause the same to be paid by the Fiscal Agent under the applicable provisions of the Fiscal Agent Agreement, to the extent of funds then on deposit in the Improvement Fund and/or the Special Fund. For the avoidance of doubt, the proceeds of Bonds and Special Taxes from any Improvement Area may be used to finance Public Facilities and the Public Facilities may be financed in one or more installments as Bond proceeds and Special Taxes become available.

The Purchase Price paid hereunder for any City Acquisition Facility or Discrete Component shall constitute payment in full for such City Acquisition Facility or Discrete Component, including, without limitation, payment for all labor, materials, equipment, tools and services used or incorporated in the work, supervision, administration, overhead, expenses and any and all other things required, furnished or incurred for completion of such City Acquisition Facility or Discrete Component as specified in the Plans.
(g) Timing of Requisitions. The City and Owner acknowledge that (i) to the extent Owner has constructed and City has accepted (for payment purposes) certain City Acquisition Facilities, Owner may submit Payment Requests for such City Acquisition Facilities for reimbursement from amounts collected as Special Taxes and Bonds; (ii) Owner may be submitting Payment Requests in advance of when sufficient, if any, funds are available for reimbursement; (iii) the Payment Requests submitted when there are insufficient proceeds available will be reviewed by the City as set forth in this Agreement and, if appropriate, approved for payment from funds when such funds are deposited in the Special Fund or Improvement Fund; and (iv) the payment for any Payment Requests approved in the preceding manner will be deferred until the date, if any, on which there are amounts in the Special Fund or Improvement Fund to make all or part of such payment, at which time the City will pay from the Special Fund or direct the Fiscal Agent to wire transfer (or pay in another mutually acceptable manner) from the Improvement Fund the funds available to the payee identified in such Payment Request. The conveyance of City Acquisition Facilities to the City prior to receipt of the Payment Request for such City Acquisition Facilities shall not be construed as a dedication or gift, or a waiver of the payment of the Purchase Price, or any part thereof, for such City Acquisition Facilities, provided however, the City shall have no liability to Owner for payment of any shortfall between the Owner’s cost of City Acquisition Facilities and the available funds from time to time.
(h) Performance on Behalf of Owner. All obligations of the Owner set forth in this Agreement may be performed by the Owner itself, by contractors employed by the Owner, or by a third-

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12 party (including a Residential Builder or contractor) that constructs the Acquisition Facilities or deposits the City Fees on behalf of the Owner. If the Owner contracts with a third-party to perform the construction and the third-party follows the requirements of this Agreement, then the Owner shall be deemed to have followed the procedures required under this Agreement.
(i) Restrictions on Payments. Notwithstanding any other provisions of this Agreement, the following restrictions shall apply to any payments made to Owner under Section 9(b) and Section 9(f) hereof:
(1) Amounts of Payments. Subject to the following paragraphs of this Section 9(h), payments for each City Acquisition Facility or Discrete Component will be made only in the amount of the Purchase Price for the respective City Acquisition Facility or Discrete Component.

Nothing herein shall require the City in any event (i) to pay more than the Actual Cost of a City Acquisition Facility or Discrete Component, or (ii) to make any payment beyond the available funds in the Special Fund and Improvement Fund. The parties hereto acknowledge and agree that all payments to Owner for the Purchase Price of City Acquisition Facilities or Discrete Component are intended to be reimbursements to Owner for monies already expended or for immediate payment by Owner (or directly by the City) to third parties in respect of such City Acquisition Facilities or Discrete Component.
(2) Joint or Third Party Payments. The City may make any payment jointly to Owner and any mortgagee or trust deed beneficiary, contractor or supplier of materials, as their interests may appear, or solely to any such third party, if Owner so requests the same in writing or as the City otherwise determines such joint or third party payment is necessary to obtain lien releases. (3) Withholding Payments. The City shall be entitled, but shall not be required, to withhold any payment hereunder for a City Acquisition Facility or Discrete Component if Owner or any Affiliate in an Improvement Area is delinquent in the payment of ad valorem real property taxes, special assessments or taxes, any other fee or charges, or Special Taxes levied in such Improvement Area.

In the event of any such delinquency, the City shall only make payments hereunder directly to contractors or other third parties employed in connection with the construction of the City Acquisition Facilities or Final Discrete Component or to any assignee of Owner’s interests in this Agreement (and not to Owner or any Affiliate), until such time as Owner provides the City Manager with evidence that all such delinquent ad valorem real property taxes, special assessments or taxes, any other fee or charges, or Special Taxes levied in the such Improvement Area have been paid.

The City shall withhold final payment for any City Acquisition Facility or Final Discrete Component constructed on land until Acceptable Title to such land is conveyed to the City, as described in Section 10 hereof.

The City shall be entitled to withhold payment for any City Acquisition Facility or Discrete Component hereunder to be owned by the City until: (i) the City Manager or his designee determines that the City Acquisition Facility or Discrete Component has been approved and inspected, (ii) the Acceptance Date for the City Acquisition Facility has occurred or, with respect to a Discrete Component the requirements of Section 9, if applicable to such City Acquisition Facility or Discrete Component, have been satisfied, and (iii) with respect to a City Acquisition Facility, but not a Discrete

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13 Component, a Notice of Completion executed by Owner, in a form acceptable to the City Manager or his designee, has been recorded for the City Acquisition Facility and general lien releases conditioned solely upon payment from the proceeds of the Special Taxes or Bonds to be used to acquire such City Acquisition Facility have been submitted to the City Manager for the City Acquisition Facility. The City hereby agrees that Owner shall have the right to post or cause the appropriate contractor or subcontractor to post a bond with the City to indemnify it for any losses sustained by the City because of any liens that may exist at the time of acceptance of such City Acquisition Facility, so long as such bond is drawn on an obligor and is otherwise in a form acceptable to the City Manager or his designee.

Nothing in this Agreement shall be deemed to prohibit Owner from contesting in good faith the validity or amount of any mechanics or materialman’s lien nor limit the remedies available to Owner with respect thereto so long as such delay in performance shall not subject the City Acquisition Facilities or Discrete Component to foreclosure, forfeiture or sale. In the event that any such lien is contested, Owner shall only be required to post or cause the delivery of a bond in an amount equal to the amount in dispute with respect to any such contested lien, so long as such bond is drawn on an obligor and is otherwise in a form acceptable to the City Manager or his designee.

Nothing in this Section 9(h) shall prevent payments pursuant to Section 6. (4) Retention. The City shall withhold from the proceeds of the Bonds or the Special Fund an amount equal to twenty-five percent (25%) of the Purchase Price of each Discrete Component to be paid hereunder until such time as one-half of the respective work has been completed and progress on the City Acquisition Facility is satisfactory to the City Manager or his designee, at which time no further retention will be made (so that it is expected that, upon completion of any City Acquisition Facility, a total of ten percent (10%) will have been retained). Any such retention will be released to Owner upon final completion and acceptance of the related City Acquisition Facility.

Payment of any retention shall also be contingent upon the availability of Bond proceeds and moneys in the Special Fund therefore. No retention shall apply if Owner proves to the City Manager or his designee’s satisfaction that Owner’s contracts for the City Acquisition Facilities or Discrete Component provide for the same retention as herein provided, so that the Purchase Price paid for the City Acquisition Facility or Discrete Component is at all times net of the required retention. (5) Frequency. Unless otherwise agreed to by the City Manager, no more than one Payment Request for a City Acquisition Facility shall be submitted by Owner in any calendar month.

For avoidance of doubt, the requirement of one request per month applies separately to each Improvement Area and to each of the City Acquisition Facilities and the City Construction Facilities. (j) Defective or Non-conforming Work. If any of the work done or materials furnished for a City Acquisition Facility are found by the City Manager or his designee to have a significant defect or to not be constructed in accordance with the applicable Plans: (i) and such finding is made prior to payment for the Purchase Price of such City Acquisition Facility hereunder, the City may withhold payment therefore until such defect or nonconformance is corrected to the satisfaction of the City Manager or his designee, or (ii) and such finding is made after payment of the Purchase Price of such City Acquisition Facility, the City and Owner shall act in accordance with the City’s standard specification for City works construction, which are available in the City’s Public Works Department to remedy such defect at Owners expense.

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14 Section 10. Ownership and Transfer of Public Facilities. (a) Facilities to be Owned by the City – Conveyance of Land and Easements to City.

Acceptable Title to all property on, in or over which each Public Facility to be acquired by the City or constructed on behalf of the City will be located, shall be deeded over to the City by way of grant deed, quitclaim, or dedication of such property, or easement thereon, if such conveyance of interest is approved by the City as being a sufficient interest therein to permit the City to properly own, operate and maintain such Public Facility located therein, thereon or thereover, and to permit Owner to perform its obligations as set forth in this Agreement. Owner agrees to assist the City in obtaining such documents as are required to obtain Acceptable Title. Completion of the transfer of title to land shall be accomplished prior to the payment of the Purchase Price for a City Acquisition Facility (without Discrete Components), the Final Discrete Component of a City Acquisition Facility, or the final payment for construction of a City Acquisition Facility and shall be evidenced by an irrevocable offer of dedication or recordation of the acceptance thereof by the City Council.
(b) Facilities to be Owned by the City – Title Evidence. Upon the request of the City, Owner shall furnish to the City a preliminary title report for land with respect to Public Facilities to be acquired by the City and not previously dedicated or otherwise conveyed to the City, for review and approval at least fifteen (15) calendar days prior to the transfer of Acceptable Title of a Public Facility to the City. The City shall approve the preliminary title report unless it reveals a matter which, in the judgment of the City, could materially affect the City’s use and enjoyment of any part of the property or easement covered by the preliminary title report. In the event the City does not approve the preliminary title report, the City shall not be obligated to accept title to such Public Facility or pay the Purchase Price for such City Acquisition Facility (without Discrete Components), the Final Discrete Component of a City Acquisition Facility, or the final payment for construction of a City Acquisition Facility until Owner has cured such objections to title to the satisfaction of the City. (c) Facilities Constructed on Private Lands. If any Public Facility is located on privately-owned land, the owner thereof shall retain title to the land and the completed Public Facility until the Public Facility is accepted by City and transferred to City pursuant to this Section 10. Pending the completion of such transfer, Owner shall not be entitled to receive any payment for any such Public Facility or the Final Discrete Component thereof. Owner shall, however, be entitled to receive payments prior to conveyance and acceptance of the Public Facility pursuant to Sections 8 and 9 as progress payments and payments for the Discrete Components (other than the Final Discrete Component) of the Public Facility upon making an irrevocable offer of dedication of such land in form and substance acceptable to the City Manager. Notwithstanding the foregoing, upon written request of the City before final payment for any Public Facility, Owner shall convey or cause to be conveyed Acceptable Title thereto in the manner described in Section 10(a) and Section 10(b) hereof. (d) Facilities Constructed on City Land. If a Public Facility is on land owned by the City, the City hereby grants to Owner a license to enter upon such land for purposes related to the construction (and maintenance pending acquisition) of the Public Facility. The provisions for inspection and acceptance of such Public Facility otherwise provided herein shall apply. (e) Maintenance and Warranties. Owner shall maintain each Public Facility and Discrete Components thereof in good and safe condition until the Acceptance Date. Prior to the Acceptance Date, Owner shall be responsible for performing any required maintenance on any completed

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15 Public Facility and Discrete Components thereof. On or before the Acceptance Date of a Public Facility, Owner shall assign to the City, as applicable, all of Owner’s rights in any warranties, guarantees, maintenance obligations or other evidence of contingent obligations of third persons with respect to such Public Facility. Owner shall provide a warranty bond reasonably acceptable in form and substance to the City Manager to insure for one year after the Acceptance Date that defects, which appear within said period, will be repaired, replaced, or corrected by Owner, at Owner’s sole cost and expense, to the satisfaction of the City Manager. Owner shall not be responsible for normal wear and tear caused by use of the Public Facility by the City or public. Normal wear and tear shall be determined at the sole distraction of the City. Owner shall commence to repair, replace or correct any defects to a Public Facility, other than those caused by normal wear and tear due to public use of the Public Facility, within thirty (30) days after written notice thereof by the City to Owner, and shall complete such repairs, replacement or correction as soon as practicable. After such one-year period, the warranty bond shall be released. From and after the Acceptance Date, the City shall be responsible for maintaining all Public Facilities. Any warranties, guarantees or other evidences of contingent obligations of third persons with respect to the Public Facilities constructed or acquired by the City hereunder shall be delivered to the City Manager as part of the transfer of title.
(f) Discrete Components. Nothing in this Section 10 shall prevent payments for Discrete Components as described in Section 9(b).

Section 11. Indemnification. Owner shall promptly defend, indemnify and hold harmless, with counsel approved by the City, the City, its officers, employees and agents, and each and every one of them, and the District from any and all claims, actions, liability, damages, losses, expenses and costs arising out of Owner’s performance of, or failure to perform, its duties hereunder or by reason of, or arising out of, this Agreement; provided, however, nothing herein shall impose any liability on Owner with respect to any Public Facility constructed by Owner following the expiration of the one (1) year period after acceptance of any such Public Facility, unless and to the extend Owner has engaged in fraud, deceit, misrepresentation, or any other action calling into question the validity of such acceptance, and the Owner shall not be required to indemnify any party for its own negligence or willful misconduct.

Section 12. Design and Construction of City Construction Facilities. The City shall cause City Construction Facilities to be designed at such times as the City deems appropriate and the City shall cause plans and specifications for all such City Construction Facilities to be prepared. The City may retain other qualified professionals to design portions of the City Construction Facilities. If Bonds are issued on a taxexempt basis, the City may be reimbursed pursuant to Section 1.150-2 of the Treasury Regulations from Bonds of any Improvement Area of the District or other available funds. If Bonds are issued on a taxable basis, no such restrictions apply.

Section 13. City Policies. Pursuant to the City’s policies, including the Financing District Policy as may be amended, each Rate and Method shall contain a provision requiring that prior to the issuance of the first series of Bonds for an Improvement Area, the City shall determine whether the Special Tax rates are below the threshold set forth in the Rate and Method. In addition, the Special Tax may also be reduced prior to the issuance of Bonds upon Owner’s written request. For an Improvement Area, the Special Tax rates in the Rate and Method may not be reduced after the first series of Bonds are issued for the Improvement Area. Also, the ratio of the appraised market value of all parcels of property within an Improvement Area to the total amount of the assessment and special tax obligation thereof after the issuance and sale of bonds for the Improvement Area (the “Value-to-Lien Ratio”) shall comply with the

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16 Financing District Policy, as may be amended. Pursuant to the City’s policies, the fair market value of the property within an Improvement Area for purposes of determining such ratio will be determined based upon an appraisal made by an appraiser selected by the City.

Any consultants, appraisers, market analysts and advisers necessary to determine the final special taxes on taxable property under the Rate and Method and the total amount of Bonds to be issued in each Improvement Area shall be selected by the City after reasonable consultation with Owner.

Section 14. Representations, Covenants and Warranties of Owner. Owner represents and warrants for the benefit of the City as follows:
(a) Organization. Owner is duly organized and validly existing under the laws of the State of Delaware, is in good standing and has the power and authority to own its properties and assets and to carry on its business as now being conducted and as now contemplated, and is qualified to do business in the State of California.
(b) Authority. Owner has the power and authority to enter into this Agreement, and has taken all action necessary to cause this Agreement to be executed and delivered, and this Agreement has been duly and validly executed and delivered by Owner.
(c) Binding Obligation. This Agreement is a legal, valid and binding obligation of Owner, enforceable against Owner in accordance with its terms, subject to bankruptcy and other equitable principles.
(d) Compliance with Laws. Owner shall not with knowledge commit, suffer or permit any act to be done in, upon or to the lands of Owner in the District in violation of any law, ordinance, rule, regulation or order of any governmental authority or any covenant, condition or restriction now or hereafter affecting the lands in the District or the Public Facilities. (e) Requests for Payment. Owner represents and warrants that (i) it will not request payment from the City for the acquisition of any improvements other than the Public Facilities, and (ii) it will diligently follow all procedures set forth in this Agreement with respect to the Payment Request for the Public Facilities.
(f) Additional Information. Prior to the issuance of Bonds for an Improvement Area, Owner agrees to cooperate with all reasonable written requests for nonproprietary information by the original purchasers of the Bonds or the City related to the status of construction of improvements within the District, the anticipated completion dates for future improvements, and any other matter material to the investment quality of the Bonds. After the issuance of Bonds for an Improvement Area, any updates to information provided to the original purchasers of the Bonds or the City shall be made exclusively through continuing disclosure reports, if any.
(g) Continuing Disclosure. In connection with the issuance of any Bonds for an Improvement Area, if Owner owns property within the Improvement Area responsible for more than 20% of the Special Taxes levied in the Improvement Area for such fiscal year, Owner agrees that it will enter into, and comply with, a continuing disclosure agreement. Owner shall provide information pursuant to the continuing disclosure agreement regarding the development of the property it owns in the Improvement Area and other customary information, and the status of development and residential and

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17 land sale activity within the District to be included within the semi-annual reports which Owner, or a dissemination agent designated in such undertaking, will file with the repository or repositories which are identified by the Securities and Exchange Commission. Copies of all such reports shall also be provided to the City and the underwriter of the Bonds. If Owner sells any portion of property within such Improvement Area to an entity and such entity will own property within such Improvement Area which will be responsible for the payment of annual Special Taxes which represent 20% or more of the annual debt service on the Bonds, Owner shall require that such entity enter into a continuing disclosure undertaking as provided in this section.

Section 15. Independent Contractor. Owner is an independent contractor and not the agent of the City or the District. This Agreement shall not and does not create a joint venture or partnership between the City and Owner. The City shall have no responsibility or liability for the payment of any amount to any employee or subcontractor of Owner.

Section 16. Special Taxes. The parties are entering into this Agreement and establishing the District for the purpose of creating a stream of Special Tax revenues that will be available to the District to pay directly the costs of acquisition, construction and/or equipping the Public Facilities and to pay debt service on the Bonds, the proceeds of which will be used to pay the costs of acquisition, construction and/or equipping of the Public Facilities. Additionally, the Property is subject to the City CFD No. 2005-

1. Owner and City hereby acknowledge and agree (i) that any reduction or termination of the Special Taxes by exercise of the initiative power or other action would constitute a substantial impairment of the Special Tax revenue stream that Owner and City intend to create for the purpose of providing an assured source of funding for construction, acquisition and/or equipping of the Public Facilities, and (ii) that this Agreement is being entered into, and the Special Taxes are being imposed upon the Property pursuant to each Rate and Method, in accordance with existing laws relating to the imposition of fees and charges as a condition of development of the Property and such Special Taxes are being incurred as an incident of the voluntary act of development of the Property. To the fullest extent permitted by law, Owner, for itself and for each of its successors and assigns as owners or lessees of all or any portion of the Property included in the District hereby waives any right to exercise the initiative power that may be authorized in California Constitution Article XIII C, Section 3, to reduce or appeal the Special Taxes. The foregoing provisions shall not prevent the Owner in any way from (i) requesting the reduction of Special Taxes pursuant to Section 13 herein or (ii) bringing any other action, suit, proceeding, inquiry or investigation at law or in equity, before any court, regulatory agency, public board or body including, without limitation, (i) an action or suit contending that the Special Taxes have not been levied in accordance with the methodologies contained in the Rate and Method pursuant to which the Special Taxes are levied, (ii) an action or suit with respect to the application or use of the Special Taxes levied and collected, or (iii) an action or suit to enforce the obligations of the City and/or the District under any agreements among the Owner, the City, and/or the District or to which the Owner is a party or beneficiary.

Section 17. Disclosure of Special Taxes.
(a) From and after the date of this Agreement, if Owner sells homes buyers, then Owner shall provide a “Notice of Special Tax” (as defined in Section 17(b) below) to each prospective purchaser of a home in the District prior to the execution by the home buyer of the sale contract for such home. Owner shall deliver a fully executed copy of each notice to City, if requested in writing. Owner shall (i) maintain records of each Notice of Special Tax for a period of five (5) years, and (ii) shall provide copies of each notice to City promptly following the giving of such notice. If required, Owner shall include

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18 the Notice of Special Tax in all Owner’s applications for Final Subdivision Reports required by the Department of Real Estate (“DRE”) which are filed after the effective date of this Agreement. This Section 17(a) does not apply to the Owner if Owner sells property to a Residential Builder.

If Owner sells lots within the Property to a Residential Builder, the Owner shall include in its purchase and sale agreement with the Residential Builder that the Residential Builder shall (i) comply with Section 17(a) above and provide the Notice of Special Tax described in Section 17(a) to each prospective purchaser of a home, (ii) maintain records of each Notice of Special Tax for a period of five (5) years, (iii) provide copies of each notice to City promptly following the giving of such notice, and (iv) if required, include the Notice of Special Tax in all of such Residential Builder’s applications for Final Subdivision Reports required by DRE
(b) With respect to any parcel, the term “Notice of Special Tax” means a notice in the form prescribed by California Government Code Section 53341.5 which is calculated to disclose to the purchaser thereof (i) that the property being purchased is subject to the Special Taxes of the District; (ii) the maximum annual amount of the Special Taxes of the District and the number of years for which they are authorized to be levied; and (iii) the types of facilities and services to be paid or with the proceeds of the Special Taxes of the District.
(c) In connection with the formation of the District, City will file with the Riverside County Recorder’s office a notice of special tax lien that gives notice of the existence of the District and the levy of the Special Tax on property within the District for the benefit of subsequent property owners, pursuant to requirements of Section 3114.5 of the Streets and Highways Code. (d) If Owner sells homes to home buyers, then Owner shall prepare and have available in its sales office, copies of either a sample property tax bill in a form reasonably acceptable for the City or special tax information sheet in substantially the form attached hereto as Exhibit D (the “Special Tax Information Sheet”), which shows the assigned annual Special Taxes authorized to be levied within the District under the applicable Rate and Method. and shall make available to prospective homebuyers to take with them, copies of such sample property tax bill or Special Tax Information Sheet at the time written information regarding the available home sites and corresponding base home prices is requested by and provided to such homebuyers. If Owner sells lots within the Property to a Residential Builder, the Owner shall include in its purchase and sale agreement with the Residential Builder that the Residential Builder shall comply with this Section 17(d).

Section 18. Security for Payment of Special Taxes. Prior to the issuance of each series of Bonds of an Improvement Area, Owner agrees to deliver to the City either: (a) a letter of credit (“Letter of Credit”), hereby defined as an irrevocable standby letter of credit that (i) is issued by a financial institution authorized to do business in the State of California, the long-term unsecured obligations of which, at the time of delivery of such letter of credit, are rated not less than “A” by Moody’s and not less than “A” by S&P Global; (ii) contains terms and provisions that shall in all respects be satisfactory to and approved in writing by the City; (iii) is delivered to and accepted by the Fiscal Agent pursuant to the applicable Fiscal Agent Agreement; (iv) is for a term of at least one year; and (v) is in an amount equal to the amount of Special Taxes that is expected to be levied in the next two fiscal years on all taxable property within an Improvement Area of the District which is owned by the Owner (the “Stated Amount”); or (b) a surety bond (“Surety Bond”) that (i) is issued by a reputable insurance company authorized to do business in the State of California and approved in writing by the City, whose approval shall not be unreasonably

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19 withheld; (ii) is in a form to be approved by the City or contains terms and provisions that shall in all respects be satisfactory to and approved in writing by the City; (iii) is delivered to and accepted by the Fiscal Agent pursuant to the applicable Fiscal Agent Agreement; (iv) is for a term of at least one year and (v) is in an amount equal to the Stated Amount.

In the event that portions of the Property are sold to merchant builders or homeowners, the Stated Amount of the Letter of Credit or Surety Bond shall be reduced for the Assessor’s Parcels and/or Units owned by the merchant builder or homeowners. Owner shall continue to provide the Letter of Credit or Surety Bond for all remaining taxable property in the Improvement Area owned by Owner, provided, however, the City shall be required to reduce a particular Letter of Credit or Surety Bond a maximum of twice each Calendar Year.

Owner shall cause each Letter of Credit or Surety Bond to be renewed annually by the issuing bank or insurance company, as applicable, or a substitute bank or substitute insurance company, as applicable, which meets the standards set forth herein until such time as either 85% of the proposed Units in the Improvement Area of the District subject to the Special Tax and owned by Owner have been sold to the merchant builders or homeowners or until Owner no longer owns Assessor Parcels that are responsible for 10% or more of the Special Taxes expected to be levied in the Improvement Area by the District in the current or subsequent fiscal year. Each Letter of Credit or Surety Bond shall further provide that the failure of the issuing bank or insurance company, as applicable, to renew the Letter of Credit or Surety Bond until such condition is satisfied will enable the beneficiary to draw the full amount thereof.

If the Fiscal Agent draws any amount under a Letter of Credit or Surety Bond, as applicable, except upon the failure of the issuing bank or insurance company, as applicable, to renew such Letter of Credit or Surety Bond, the City shall reimburse the amount drawn to the payee identified by the issuing bank with respect to a Letter of Credit or to the insurance company with respect to a Surety Bond, without interest, from the delinquent Special Tax installments with respect to which any such amount is drawn when and if such installments are paid or the proceeds of foreclosure of the applicable property as a result of such delinquency are received.

Notwithstanding any of the foregoing provisions of this Section 18, a Letter of Credit or Surety Bond will not be required with respect to an issue of Bonds if the Value-to-Lien ratio at the time of issuance of such Bonds is 4:1 or greater. If Bonds have been issued without the provision of a Letter of Credit or Surety Bond, the City may not thereafter require a Letter of Credit or Surety Bond for such Bond issue even if the Value-to-Lien ratio were to decline following the issuance of such Bonds.

Notwithstanding the provisions of this Section 18, for a Board issue where the Value-to-Lien ratio is less than 4:1 at the time of issuance, the City may waive or modify this requirement as pertains to the issuance of a particular series of Bonds at its sole discretion.

Section 19. Termination and Dissolution. Prior to the issuance of the first series of Bonds for an Improvement Area, Owner may elect to terminate this Agreement and request that the City cancel the Special Taxes with respect to such Improvement Area by providing written notice to the City. Within thirty (30) days of such written notice, City shall record a notice of cancellation of the Special Taxes with respect to each parcel in such Improvement Area. Owner shall be responsible for reasonable City costs incurred relating to the cancellation of the Special Taxes and recordation of such notice; provided, however, that the City shall not terminate the Special Taxes for any lot for which a building permit has been issued, unless Owner pays all City Fees or posts separate security therefore. Such termination of this

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20 Agreement and cancellation of Special Taxes shall have no effect on Owner’s obligations to pay City Fees upon issuance of a building permit.

Section 20. Binding on Community Facilities District. The District shall automatically become a party to this Agreement, and all provisions hereof which apply to the City shall also apply to the District.

The City Council of the City, acting as the legislative body of the District, shall perform all parts of this Agreement which require performance on the part of the District.

Section 21. Assignment. This Agreement shall be binding upon and inure to the benefit of the successors and Permitted Assigns of the Parties hereto. This Agreement may be assigned in whole or in part by the Owner, subject to the prior written consent of the City if required by this Section 21. Any assignment of this Agreement shall be made pursuant to an Assignment and Assumption Agreement. Any Assignment and Assumption Agreement so executed shall be delivered to the City. This Agreement remains binding upon and inures to the benefit of the Owner with respect to all of the Acquisition Facilities and City Fees that are not subject to an executed Assignment and Assumption Agreement. Unless otherwise provided in an Assignment and Assumption Agreement, the Owner shall be relieved of any obligation and benefit of this Agreement with respect to the Acquisition Facilities and City Fees indicated in an executed Assignment and Assumption Agreement.

This Agreement does not run with the land, and the ownership of property in the District does not provide any rights under this Agreement unless there is an Assignment and Assumption Agreement. An individual homeowner that buys property in the District shall not be subject to this Agreement. A Residential Buyer that acquires property in the District shall not be an Owner under this Agreement unless some or all of this Agreement is assigned to a Residential Buyer through an Assignment and Assumption Agreement and then only to the extent of the assignment in the Assignment and Assumption Agreement.

Other than with respect to an Approved Assignment, the City shall reasonably consent to any assignment to be effected by an Assignment and Assumption Agreement. The City may withhold its reasonable consent to any proposed assignment that is not an Approved Assignment if the City reasonably determines, based upon information requested by the City and provided by the Owner, that the proposed assignee has not provided evidence that it has the experience and the financial capacity to satisfy the obligations to be assigned to it and assumed by it under the Assignment and Assumption Agreement. The City will provide or withhold its consent pursuant to this paragraph within ten (10) business days after submission of the information requested by the City.

To the extent that an Assignment and Assumption Agreement is executed and effective, the provisions of this Section 21 shall apply separately to each Residential Builder (with respect to the Assignment and Assumption Agreement) and the Owner (with respect to the remainder of this Agreement). A default by a Residential Builder under the terms of this Agreement assigned to such Residential Builder by the Assignment and Assumption Agreement shall not be a default of the Owner under this Agreement or be a cause for termination of this Agreement with respect to the Owner. Likewise, a default by the Owner under this Agreement shall not be a default by a Residential Builder under any Assignment and Assumption Agreement or be a cause for termination of this Agreement assigned to such Residential Builder under the Assignment and Assumption Agreement.

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21 Section 22. Prompt Action. All consents, approvals and determinations required of either the City or Owner pursuant to this Agreement shall be promptly given or made, and shall not be unreasonably withheld or conditioned.

Section 23. Modification of Public Facilities. The description of the Public Facilities in Exhibit A may be modified, or new Public Facilities may be added to Exhibit A, through a supplement executed by the City Manager and Owner without requiring City Council approval, provided the modifications or new Public Facilities are consistent with the facilities and costs authorized to be funded by the District pursuant to the formation proceedings and the Act.

Section 24. General. This Agreement contains the entire agreement between the parties with respect to the matters herein provided for. This Agreement may only be amended by a subsequent written agreement signed on behalf of both parties. This Agreement shall be construed and governed by the Constitution and laws of the State of California. Venue shall be held exclusively in Riverside County.

Should either party to this Agreement commence a court action or proceeding against the other party with respect to this Agreement or the design and acquisition or construction of the Public Facilities, the party prevailing in such action or proceeding shall be entitled to receive from the losing party its attorney’s fees, expert witness fees, court costs and other costs incurred by it in prosecuting or defending such action or proceeding. The captions of the sections of this Agreement are provided for convenience only, and shall not have any bearing on the interpretation of any section hereof. This Agreement may be executed in several counterparts, each of which shall be an original of the same agreement. [Signature Page Follows]

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22 IN WITNESS WHEREOF, the parties have caused this agreement to be signed as of the date first above written.

Dated: SERENA 386, LLC,
a Delaware limited liability company
By: ________________________________
Name: ______________________________
Title: _______________________________
By: ________________________________
Name: ______________________________
Title: _______________________________
Dated: CITY OF PALM SPRINGS
By:

Name:

City Manager
ATTEST:

By:

City Clerk
-Signature PageFunding and Acquisition Agreement

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23 EXHIBIT A

DESCRIPTION OF PUBLIC FACILITIES
Special Taxes or Bond Proceeds of any Improvement Area may finance any of the Public Facilities listed below.

Serena Park Infrastructure CFD Estimated Eligible Improvements City Acquisition Facilities
Total Amount1
Storm Drainage $3,946,510
Sewer System 4,284,381
Perimeter Walls 581,406
Curb & Gutter 2,833,263
Street Paving 4,839,443
Side Walk 618,712
Striping and Signage 84,894
Park2 3,140,838
Total eligible Reimbursable Infrastructure Costs $20,329,447 City Construction Facilities
Park Facilities $559,650
Drainage Facilities 1,151,592
Sewer Facilities 479,862
Development Agreement Fee 3,200,000
Total Eligible Reimbursable City Construction Facilities $5,391,104 Grand Total of Eligible Improvements $25,720,551
1 These are estimated costs only. The actual cost of the facilities may be financed under this Agreement. 2 The park is or will be subject to a public easement for the enjoyment of the general public.

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24 EXHIBIT A.1

DISCRETE COMPONENTS
[To be completed from time to time]

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25 EXHIBIT B

DEFINITIONS
The following terms shall have the meanings ascribed to them for purposes of this Agreement.

Unless otherwise indicated, any other terms, capitalized or not, when used herein shall have the meanings ascribed to them in the Fiscal Agent Agreement (as hereinafter defined). “Acceptable Title” means title to land or interest therein, in form acceptable to the Public Works Department, free and clear of all liens, taxes, assessments, leases, easements and encumbrances, whether or not recorded, but subject to any exceptions determined by the Public Works Department as not interfering with the actual or intended use of the land or interest therein. Notwithstanding the foregoing, an irrevocable offer of dedication may constitute land with an “Acceptable Title” if: (i) such offer is necessary to satisfy a condition to a tentative or final parcel map, (ii) such offer is in a form acceptable to the Public Works Department, (iii) the Public Works Department has no reason to believe that such offer of dedication will not be accepted by the applicable public agency, and (iv) the Owner commits in writing not to allow any liens to be imposed on such property prior to its acceptance. “Acceptance Date” means the date the City Council takes final action to accept dedication of or transfer of title to the Public Facilities.
“Act” means the Mello-Roos Community Facilities Act of 1982, Section 53311 et seq. of the California Government Code, as amended.
“Actual Cost” means the substantiated cost of the Public Facilities, which costs may include: (i) the costs incurred by the Owner for the construction of the Public Facilities, (ii) the costs incurred by the Owner in preparing plans for the Public Facilities and the related costs of environmental evaluations of the Public Facilities, (iii) the fees paid to governmental agencies for obtaining permits, licenses or other governmental approvals for such Public Facility, (iv) a construction and project management fee of two percent (2%) of the costs described in clause (i) above incurred for the construction of the Public Facilities, (v) professional costs incurred by the Owner or the City associated with the Public Facilities, such as engineering, legal, accounting, inspection, construction staking, materials testing and similar professional services; (vi) costs directly related to the construction and/or acquisition of the Public Facilities, such as costs of payment, performance and/or maintenance bonds, and insurance costs (including costs of any title insurance required hereunder); and (vii) any costs of consultants to the Owner or third parties engaged by the City to review the Actual Costs and the Requisitions. Actual Cost shall not include any cost of carry or interest expense with respect to any construction loan obtained by the Owner with respect to the Public Facilities.
“Additional Bonds” means, for each Improvement Area, any series of Bonds issued by or on behalf of the District after the first series of Bonds for such Improvement Area, in each case in compliance with and under supplements to the Fiscal Agent Agreement, which Additional Bonds shall be secured on a parity lien or subordinate lien position with other Bonds previously issued in such Improvement Area. “Agreement” is defined in the Preamble hereof, as amended from time to time.

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26 “Approved Assignment" means an assignment and assumption of this Agreement pursuant to an Assignment and Assumption Agreement with (i) an affiliate of the Owner, or (ii) an entity affiliated with a publicly-traded company.
“Assessor’s Parcel” shall have the meaning ascribed to it in the Rate and Method. “Assignment and Assumption Agreement” means an agreement by which a full or partial assignment of the Owner’s rights and obligations under this Agreement may be made by the Owner, and an assumption of all or a portion of the Owner’s rights and obligations under this Agreement may be made by the Residential Builder.
“Bonds” means any series of bonds issued by or on behalf of the District for any Improvement Area, as defined in Recital B.
“City” means The City of Palm Springs, a charter city and municipal organization organized and operating under the laws of the State of California.
“City Acquisition Facilities” means those facilities constructed by the Owner, as identified in Exhibit A to this Agreement.
“City Construction Facilities” means those facilities constructed by the City from the deposit of City Fees, as identified in Exhibit A to this Agreement. “City Fees” means the development impact fees imposed by the City that are credited to the City Construction Facilities, as shown on Exhibit A.
“Code” is defined in Section 5 hereof.
“Conditions of Approval” means the mitigation measures and conditions of approval of or applicable to all land use entitlements approved by the City for the development of the Property, including, without limitation, tentative subdivision maps, the Development Agreement and subdivision improvement agreements.
“Construction Contract” means all contracts for grading, site work, installation, construction, and any and all other activities related to the City Acquisition Facilities as described in this Agreement to be bid in accordance with the terms of this Agreement and shall be in substantially the form of the City’s standard form of construction agreement.
“Deposit Account” is defined in Section 2 hereof.
“Deposit Agreement” means the Deposit Agreement (or similarly named document) between the Owner and the City whereby the Owner advances funds to the District for certain costs and the City agrees to reimburse those costs from the proceeds of the District. “Deposits” means payments made by Owner to City for City costs relating to formation of the District and issuance of Bonds.
“Developed Property” shall have the meaning given such term in the Rate and Method.

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27 “Development Agreement” is defined in Recital A hereof. “Discrete Component” means a component of a City Acquisition Facility that the City Manager and Owner have agreed can be separately identified, inspected and completed, and be the subject of a Payment Request hereunder, as identified from time to time in Exhibit A.1. Exhibit A.1 to this Agreement may not identify Discrete Components of the Public Facilities upon execution of this Agreement, but it is anticipated that the Owner will designate Discrete Components of the Public Facilities as development progresses. Accordingly, Exhibit A.1 may be modified from time to time, and at any time, by the Owner, subject to the written approval of the City Manager (which shall not be unreasonably withheld), without City Council approval. Discrete Components may, as provided herein, be the subject of a Payment Request under this Agreement. Discrete Components do not have to be Accepted by the City as a condition precedent to the payment of the Purchase Price therefor, but any such payment shall not be made until the Discrete Component has been constructed in accordance with the plans therefor. “District” is defined in Recital B hereof.
“DRE” is defined in Section 17(a) hereof.
“Final Discrete Component” means the last Discrete Component of a City Acquisition Facility to be financed after all other Discrete Components of that City Acquisition Facility have been paid for from the proceeds of the Bonds or Special Taxes.
“Financing District Policy” means the City of Palm Springs Goals and Policies concerning the use of Mello-Roos Community Facilities Act of 1982, adopted by Resolution No. 20304. City shall not change or amend the Financing District Policy as it applies to the District if such changes or amendments adversely impact the development of the property in the District or are inconsistent with this Agreement unless such changes or amendments are required under the Act or other controlling State or federal law or, with respect to the District, as otherwise approved by Owner in its sole discretion. “Fiscal Agent” means the financial institution or other entity that enters into a Fiscal Agent Agreement with the City with respect to the Bonds.
“Fiscal Agent Agreement” means, collectively, any agreement or agreements by that or similar name to be executed by the City, for and on behalf of the District, and the Fiscal Agent, which will provide for, among other matters, the issuance of the Bonds and the establishment of an Improvement Fund or Special Fund as originally executed by the City and the Fiscal Agent and as it may be amended from time to time.
“Improvement Area” or “Improvement Areas” is defined in Recital B hereof. “Improvement Fund” means the Improvement Fund established by the Fiscal Agent Agreement for any series of Bonds issued on behalf of the District. “Municipal Code” also known as the “Palm Springs Municipal Code,” as may be amended from time to time, means the City of Palm Springs, California collection of ordinances and reference to such Municipal Code shall be sufficient to establish its meaning pursuant to Section 1.01.010 of said code. “Owner” means Serena 286, LLC, and its successors and Permitted Assigns.

A – Page 1292 of 1558
28 “Payment Request” means a request by the Owner for payment of the Purchase Price of a City Acquisition Facility or a Discrete Component.
“Permitted Assigns” means an entity that is a party to an Assignment and Assumption Agreement. “Plans” is defined in Section 8(a) hereof.
“Property” is defined in Recital A hereof.
“Public Facilities” shall have the meaning given such term in Recital B hereof. “Purchase Price” means the amount paid by the City for a City Acquisition Facility determined in accordance with Section 9 hereof, being an amount equal to the Actual Cost of such City Acquisition Facility, but subject to the limitations and reductions provided for in Section 9. “Priority Administrative Expense Requirement” means $50,000 per year commencing in the first year of issuance of Bonds.
“Procurement and Contracting Policy” means Title 7 of the City’s Municipal Code related to public works contracts, soliciting bids, and awarding construction contracts, as may be amended from time to time.
“Rate and Method” means the rate and method of apportionment of special taxes approved for each Improvement Area of the District in accordance with the Act. “Reimbursable Expenses” is defined in Section 4 hereof. “Residential Builder” means an entity to whom the Owner conveys a portion of the project in the District for the purpose of constructing homes, which may be an affiliated or unaffiliated entity of the Owner.
“Special Fund” means a discrete, interest-bearing special fund of the City to be established and administered pursuant to this Agreement to hold Special Taxes, as described in Section 6 herein. “Special Tax” or “Special Taxes” means the special tax designated as “Special Tax A” in the Rate and Method for each Improvement Area.
“Special Tax Information Sheet” is defined in Section 17(d) hereof. “Value-to-Lien Ratio” is defined in Section 13 hereof.

A – Page 1293 of 1558
29 EXHIBIT C

FORM OF PAYMENT REQUEST
Community Facilities District No. 2025-1
(Serena Park)
of the City of Palm Springs
The undersigned, ____________, a duly authorized representative of Owner, hereby requests payment of the Purchase Price of the City Acquisition Facilities described in Attachment A attached hereto. Capitalized undefined terms shall have the meanings ascribed thereto in the Funding, Construction and Acquisition Agreement, dated as of _______ 1, 2025 (the “Agreement”), by and between the City of Palm Springs (“City”) and ____________ (“Owner,” as defined in the Agreement). In connection with this Payment Request, the undersigned hereby represents and warrants to the Community Facilities District No. 2025-1 (Serena Park) of the City of Palm Springs (the “CFD”) and the City as follows:

1. He (she) is a duly authorized representative of Owner, qualified to execute this request for payment on behalf of Owner and knowledgeable as to the matters set forth herein.

2. Each of the City Acquisition Facilities described in Attachment A have been completed in accordance with the Agreement.

3. The true and correct Actual Cost of the City Acquisition Facilities for which payment is requested is set forth in Attachment A.

4. Attached hereto are invoices, receipts, worksheets and other evidence of costs which are in sufficient detail to allow the City to verify the Actual Cost of the City Acquisition Facilities for which payment is requested.

5. There has not been filed with or served upon Owner notice of any lien, right to lien or attachment upon, or claim affecting the right to receive the payment requested herein which has not been released or will not be released simultaneously with the payment of such obligation, other than materialmen’s or mechanics’ liens accruing by operation of law. Copies of lien releases for all work for which payment is requested hereunder are attached hereto.

6. To the best of Owner’s knowledge, Owner is in compliance with all terms and provisions of the Agreement.

The Purchase Price for the City Acquisition Facilities shall be payable from the appropriate account created pursuant to the Fiscal Agent Agreement or the Special Fund established pursuant to the Agreement.

A – Page 1294 of 1558
30 I hereby certify that the above representations and warranties are true and correct.

Date: ______________________ SERANA 386, LLC
a Delaware limited liability company
By:_______________________________________
Name: ____________________________________
Title: _____________________________________
By execution of this Payment Request, the City does hereby approve of the payment as described in this Payment Request and directs the Fiscal Agent to pay such amounts, first, from bond proceeds held in the designated account pursuant to the Fiscal Agent Agreement and, second from any surplus Special Taxes held by the City as applicable, to the payee listed above and/or the City shall pay all or a portion thereof from funds designated by the City for such purpose.

Date: ______________________ CITY OF PALM SPRINGS for Community Facilities District No. 2025-1 (Serena Park) of the
City of Palm Springs
By:_______________________________________
Name: ____________________________________
City Manager

A – Page 1295 of 1558
55575.70015\44396913.2
31 EXHIBIT D

CITY OF PALM SPRINGS SPECIAL TAX INFORMATION SHEET
Community Facilities District No. 2025-1
(Serena Park)
of the City of Palm Springs
Improvement Area No. __

1. WHAT IS COMMUNITY FACILITIES DISTRICT (CFD) NO. 2025-1? CFD No. 2025-1 (Serena Park) was formed pursuant to the “Mello-Roos Community Facilities Act of 1982” to finance certain public facilities.

2. WHO IS RESPONSIBLE TO PAY THE SPECIAL TAX AND HOW IS IT BILLED? The property owner is responsible for paying the CFD No. 2025-1 (Serena Park) special tax, which will appear as a separate line item on your property tax bill along with your regular property taxes.

3. HOW MUCH WILL MY SPECIAL TAX BE?
The special tax is based upon the size of the home. The assigned and maximum special taxes for CFD No. 2025-1 (Serena Park) for the 2026-27 Fiscal Year are summarized below.

Special Tax:

On each July 1, commencing July 1, 2027, the Assigned Special Tax for Developed Property shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year.

4. HOW LONG WILL I HAVE TO PAY THE CFD NO. 2025-1 SPECIAL TAX? The Special Tax will not be collected after Fiscal Year _________.

5. CAN THE SPECIAL TAXES BE PREPAID?
Homeowners have the option of prepaying Special Tax anytime. For prepayment information please contact the City of Palm Springs’s CFD No. 2025-1 (Serena Park) administrator.

6. WHERE CAN I GET MORE INFORMATION?
For more information in regards to CFD No. 2025-1, contact the City of Palm Springs’s CFD No. 2025-1 (Serena Park) administrator.

A – Page 1296 of 1558

CITY COUNCIL STAFF REPORT
DATE: DECEMBER 10, 2025 BUSINESS & LEGISLATIVE
SUBJECT: RESOLUTION SETTING THE REGULAR CITY COUNCIL MEETING SCHEDULE FOR 2026
FROM: Scott C. Stiles, City Manager
BY: City Clerk
SUMMARY:

In order to mitigate potential conflicts and facilitate meaningful discussions among council members, staff has prepared the draft 2026 City Council Meeting Schedule, which is provided in Attachment B. The City Council may offer recommendations for any additional modifications to the meeting schedule.

RECOMMENDATION:

Review, provide direction on modifications, and adopt a Resolution entitled, “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,

CALIFORNIA, APPROVING THE CITY COUNCIL REGULAR MEETING PLACE, DAYS, AND TIME, AND RESCINDING RESOLUTION NO. 25267.”
BACKGROUND:

The Palm Springs City Charter Section 307 authorizes the City Council to adopt a resolution or ordinance to establish the dates and times for its regular meetings. On December 4, 2019, the City Council adopted Ordinance No. 2006, to allow the regular meeting schedule to be adopted by Resolution. On January 9, 2025, the City Council adopted Resolution No. 25267, setting the regular meetings on the second and fourth Wednesdays of each month at 5:30 p.m., unless otherwise noted.

FISCAL IMPACT:

There is no fiscal impact associated with this action.

A – Page 1297 of 1558
City Council Staff Report
December 10, 2025 -- Page 2
Resolution Setting the Regular City Council Meeting Schedule for 2026 REVIEWED BY:

Department Director: Brenda Pree
Deputy City Manager: Jeremy Hammond
City Manager: Scott Stiles
ATTACHMENTS:

A. Draft Resolution Approving the 2026 City Council Meeting Schedule B. Draft 2026 City Council Meeting Schedule

A – Page 1298 of 1558
Attachment A
Draft Resolution Approving the
2026 City Council Meeting Schedule

A – Page 1299 of 1558
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, APPROVING THE CITY

COUNCIL REGULAR MEETING PLACE, DAYS, AND TIME,
AND RESCINDING RESOLUTION NO. 25267

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY FIND AS FOLLOWS:

WHEREAS, Section 307 of the Palm Springs City Charter requires that regular meetings of the City Council be established by ordinance or resolution; and WHEREAS, on December 4, 2019, the City Council adopted Ordinance No. 2006 to allow its regular meeting schedule to be set by resolution; and WHEREAS, on November 9, 2023, the City Council adopted Resolution No. 25153 setting its regular meetings on the second and fourth Thursday of each month at 5:30 p.m., unless otherwise rescheduled or canceled.

WHEREAS, on January 9, 2025, the City Council adopted Resolution No. 25267, setting its regular meetings on the second and fourth Wednesday of each month at 5:30 p.m., unless otherwise rescheduled or canceled.

WHEREAS, the City Council desires to confirm its meeting schedule for 2026 as the second and fourth Wednesday of each month at 5:30 p.m. unless otherwise rescheduled or canceled.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. Regular meetings of the City Council shall be held in the City, at City Hall, 3200 East Tahquitz Canyon Way, on the second and fourth Wednesday of each month at the hour of 5:30 p.m. When the regular meeting falls on a legal holiday, the meeting shall be held on the following day unless otherwise determined by the City Council at a regular meeting of the City Council.

SECTION 2. Regular meetings of the City Council acting as the governing boards of the successor agency, housing authority, and/or financing authority, shall be held in the City, at City Hall, 3200 East Tahquitz Canyon Way, on the second and fourth Thursday of each month at the hour of 5:30 p.m. When the meeting falls on a legal holiday, the meeting shall be held on the following day unless otherwise determined by the City Council acting as the governing boards
SECTION 3. Closed sessions of the City Council and/or the governing boards as provided in this Resolution may be conducted prior to the 5:30 p.m. business portion of

A – Page 1300 of 1558
regular meetings and as noticed from time to time on the agenda for such meetings. The time scheduled will depend upon the number of items to be considered and the complexity of the issues to be discussed. If necessary, closed sessions not completed prior to the business portion of the meeting may be considered at the conclusion of the business portion of the meeting or as otherwise determined by the City Council.

SECTION 4. The City Council has canceled and/or rescheduled certain meetings as outlined in Exhibit A.

SECTION 5. Resolution No. 25267 is hereby rescinded and replaced.

SECTION 6. The City Clerk of the City of Palm Springs shall certify to the passage and adoption of this Resolution and its approval by the City Council and shall cause the same to be listed in the records of the City.

ADOPTED THIS 10TH DAY OF DECEMBER 2025.

Scott C. Stiles, City Manager
ATTEST:

Brenda Pree, MMC, CERA
City Clerk

A – Page 1301 of 1558

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )
I, BRENDA PREE, City Clerk of the City of Palm Springs, hereby certify that Resolution No. ______ is a full, true, and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on the 10th day of December 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of December 2025.

Brenda Pree, MMC, CERA
City Clerk

A – Page 1302 of 1558
Exhibit A
2026 City Council Meeting Schedule

A – Page 1303 of 1558
City of Palm Springs
2026 City Council Meeting Schedule
The City Council meetings are typically held on the second and fourth Wednesday of each month at 5:30 p.m. at City Hall, Council Chamber, located at 3200 East Tahquitz Canyon Way, Palm Springs, California. This schedule is subject to change. 2026 Meeting Dates Notes
Wednesday, January 14, 2026
Wednesday, January 28, 2026
Wednesday, February 11, 2026
Wednesday, February 25, 2026
Wednesday, March 11, 2026
Wednesday, March 25, 2026
Wednesday, April 8, 2026
Wednesday, April 22, 2026
Wednesday, May 13, 2026
Wednesday, May 27, 2026
Wednesday, June 10, 2026
Wednesday, June 24, 2026
Wednesday, July 8, 2026
Wednesday, July 22, 2026
Wednesday, August 12, 2026
Wednesday, August 26, 2026
Dark in August
Wednesday, September 9, 2026
* Wednesday, September 30, 2026 Rescheduled
due to Cal Cities Annual Conference
Wednesday, October 14, 2026
Wednesday, October 28, 2026
* Wednesday, November 18, 2026 Rescheduled
due to Veteran's Day Holiday
Wednesday, November 25, 2026 Traditionally Cancelled
Wednesday, December 9, 2026
Wednesday, December 23, 2026 Traditionally Cancelled
2027 Meeting Dates
Wednesday, January 13, 2027
Wednesday, January 27, 2027
Adopted by Resolution No. ______.

A – Page 1304 of 1558
Attachment B
Draft 2026 City Council Meeting Schedule

A – Page 1305 of 1558
City of Palm Springs
2026 City Council Meeting Schedule
The City Council meetings are typically held on the second and fourth Wednesday of each month at 5:30 p.m. at City Hall, Council Chamber, located at 3200 East Tahquitz Canyon Way, Palm Springs, California. This schedule is subject to change. 2026 Meeting Dates Notes
Wednesday, January 14, 2026
Wednesday, January 28, 2026
Wednesday, February 11, 2026
Wednesday, February 25, 2026
Wednesday, March 11, 2026
Wednesday, March 25, 2026
Wednesday, April 8, 2026
Wednesday, April 22, 2026
Wednesday, May 13, 2026
Wednesday, May 27, 2026
Wednesday, June 10, 2026
Wednesday, June 24, 2026
Wednesday, July 8, 2026
Wednesday, July 22, 2026
Wednesday, August 12, 2026
Dark in August
Wednesday, August 26, 2026
Wednesday, September 9, 2026
* Wednesday, September 30, 2026
Rescheduled
due to Cal Cities Annual Conference
Wednesday, October 14, 2026
Wednesday, October 28, 2026
* Wednesday, November 18, 2026
Rescheduled
due to Veteran's Day Holiday
Wednesday, November 25, 2026 Traditionally Cancelled
Wednesday, December 9, 2026
Wednesday, December 23, 2026 Traditionally Cancelled
2027 Meeting Dates
Wednesday, January 13, 2027
Wednesday, January 27, 2027

A – Page 1306 of 1558
Holiday Date
New Year's Day Thursday, January 1, 2026
Martin Luther King Jr. Day Monday, January 19, 2026
President's Day Monday, February 16, 2026
Memorial Day Monday, May 25, 2026
Juneteenth Friday, June 19, 2026
Independence Day Saturday, July 4, 2026
Labor Day Monday, September 7, 2026
Indigenous Peoples' Day Monday, October 12, 2026
Veteran's Day Wednesday, November 11, 2026
Thanksgiving Day Thursday, November 26, 2026
Day after Thanksgiving Friday, November 27, 2026
Christmas Eve Thursday, December 24, 2026
Christmas Day Friday, December 25, 2026
Passover 4/1/2026 - 4/9/2026
Rosh Hashanah 9/11/2026 - 9/13/2026
Yom Kippur 9/20/2026 - 9/21/2026
City of Palm Springs 2026 Holiday Schedule
Jewish Holidays

A – Page 1307 of 1558

CITY COUNCIL STAFF REPORT
DATE: DECEMBER 10, 2025 BUSINESS & LEGISLATIVE
SUBJECT: REVIEW AND APPROVE THE 2026 ROSTER OF CITY COUNCIL

SUBCOMMITTEES, APPOINTEES, LIAISONS, AND

REPRESENTATIVES TO EXTERNAL ORGANIZATIONS
FROM: Scott C. Stiles, City Manager
BY: City Clerk
RECOMMENDATION:

1. Review and provide direction on changes to the roster of City Council subcommittees, appointees, liaisons, and representatives to external organizations.

2. Alternatively, approve the roster of City Council subcommittees, appointees, liaisons, and representatives to external organizations, and authorize the City Clerk to prepare and execute FPPC Form 806, Public Official Appointments.

STAFF ANALYSIS:

Enclosed for the City Council’s consideration, discussion, and approval is the roster of City Council subcommittees and appointees to external organizations. Staff requests that the City Council provide direction regarding any amendments to the 2026 roster, included as Attachment A. For reference, the current roster, which was adopted on January 9, 2025, is included as Attachment B.

The City Council routinely appoints Councilmembers to serve on standing or ad hoc subcommittees, or individual Councilmembers may volunteer to serve as liaisons to study various topics. The City Council also appoints representatives to external organizations as needed. On an annual basis, the City Council reviews the roster of appointments and makes adjustments as necessary.

Under California Code of Regulations (CCR) § 18702.5, before a public official may participate in a decision or vote to appoint themselves to a compensated position, the local agency must post a form established by the Fair Political Practices Commission (FPPC) on the City’s website. Staff recommends that the City Council adopt and direct the Office of the City Clerk to prepare FPPC Form 806 for update and posting as required.

B – Page 1308 of 1558
City Council Staff Report
December 10, 2025 -- Page 2
2026 Roster of City Council Subcommittees, Appointees, Liaisons, and Representatives to External Organizations
FISCAL IMPACT:

None.

REVIEWED BY:

Department Director: Brenda Pree
City Manager: Scott Stiles
ATTACHMENTS:

A. 2026 Draft Roster of City Council Subcommittees, Appointees, Liaisons, and Representatives to External Organizations (City Council Appointment Preferences).

B. 2025 Roster of City Council Subcommittees and Appointees to External Organizations (Adopted 1/9/2025)

B – Page 1309 of 1558
Attachment A
2026 Draft Roster of City Council
Subcommittees, Appointees, Liaisons, and
Representatives to External Organizations
(City Council Preferences)

B – Page 1310 of 1558
Office of the City Clerk Rev. 12/3/2025

CITY OF PALM SPRINGS, CALIFORNIA
DRAFT Roster of City Council Subcommittees 2026
Committee Status Meetings Member Member
Finance Standing Committee (Res-12147) Standing As Needed (MAYOR) Soto
(MPT)
Ready
Board & Commission Interviews Ad
Hoc Subcommittee* Ad Hoc As Needed (MAYOR)Soto
(MPT)
Ready
Mayor’s Council and Economic
Development
(Formerly: Business Retention / Economic Development)
Standing As Needed Soto Bernstein
Parks & Recreation Master Plan Task
Force (Approved 10/26/23) *
Task Force As Needed Bernstein Soto
Arts & Culture Roundtable Task
Force* Task Force As Needed Bernstein Garner
Blue Zones Steering Committee Standing As Needed Soto
Roster of City Council
Appointees to External Organizations 2026
External Organizations Meetings Appointee Alternate
Coachella Valley Association of Governments (CVAG) (SE/, Form 700 required) Executive Committee
(Agendize assignment at the end of each FY) Last Monday, 4:30 p.m. (MAYOR) Soto
(MPT)
Ready
Energy & Environmental Resources 2
nd Thursday, Noon N/A
Homelessness 3
rd Wednesday, 10:00 a.m.

Public Safety 2
nd Monday, 9:00 a.m. Garner Bernstein
Transportation 1
st Monday, 10:00 a.m. Ready Garner
California Coalition of Mayors 1
st & 3rd Friday, 12:30 p.m. Soto N/A
Coachella Valley Conservation
Commission (SE/, Form 700 required) 2
nd Thursday, 10:30 a.m. N/A
Coachella Valley Mountains
Conservancy Bd. (SE/, Form 700 required)
2 nd Monday, 3:00 p.m.
(4 mtgs./year) Garner N/A
Desert Community Energy Board
(SE/, Form 700 required) 3
rd Monday, 3:00 p.m. Bernstein N/A
Eastern Riverside County Interoperable
Communications Authority
* Staff is waiting for an update on when the
final meeting to disband is scheduled to
occur (it was previously scheduled for
4/10/2025) Appointee required 
N/A
Friends of PS Animal Shelter Varies Bernstein
Ready
Visit Greater Palm Springs
(SE/, Form 700 required) Varies
Bernstein
Ready
deHarte
Ready

B – Page 1311 of 1558
Office of the City Clerk Rev. 12/3/2025
External Organizations Meetings Appointee Alternate
League of California Cities Varies Ready N/A
Main Street/Uptown Business
Association 1
st Tuesday, 8:30 a.m. N/A
Palm Springs Chamber of Commerce 3
rd Thursday, 8:00 a.m.

Bernstein
Ready
deHarte
N/A
Palm Springs Tourism & Hospitality Organizations
Hotel General Managers Meeting 2
nd Thursday, 8:00 a.m. Soto Bernstein
PS Hospitality Association Member
Meeting 3
rd Thursday, 11:30 a.m.

Bernstein
Ready
deHarte
PS Resorts Meetings Varies deHarte Bernstein
Plaza Theater Restoration Fundraising
Committee Varies / 4:30 p.m. Bernstein
Office of Neighborhood Involvement
(One-PS) 1
st Tuesday, 4:30 p.m.

Bernstein
Ready
deHarte
Riverside County Transportation
Commission (SE/, Form 700 required) 2
nd Wednesday, 9:00 a.m. Ready Garner
So. California Association of
Governments Conference & General
Assembly Meeting (SE/, Form 700 required)
May 7-8, 2026 Ready N/A
Sunline Transit Agency (SE/, Form 700 required) 4
th Wednesday, Noon Garner
* Meetings are held on an as-needed basis.

N/A – An alternate appointee is generally not selected.

B – Page 1312 of 1558
Attachment B
2025 Draft Roster of City Council
Subcommittees, Appointees, Liaisons, &
Representatives to External Organizations

B – Page 1313 of 1558
Office of the City Clerk Rev. by the City Council on 9/10/2025

CITY OF PALM SPRINGS, CALIFORNIA
Roster of City Council Subcommittees 2025
Committee Status Meetings Member Member
Finance Standing Committee (R-12147)* Standing As Needed (MAYOR) deHarte
(MPT)
Soto
Board & Commission Interviews Ad
Hoc Subcommittee* Ad Hoc As Needed (MAYOR)deHarte
(MPT)
Soto
Mayor’s Council and Economic
Development Standing As Needed Bernstein deHarte
Parks & Recreation Master Plan Task
Force (Approved 10/26/23) *
Task Force As Needed Soto Bernstein
Arts & Culture Roundtable Task
Force* Task Force As Needed Bernstein Garner
Blue Zones Steering Committee Standing As Needed Soto Ready Roster of City Council
Appointees to External Organizations 2025
External Organizations Meetings Appointee Alternate
Coachella Valley Association of Governments (CVAG) (SE/, Form 700 required) Executive Committee
(Agendize assignment at the end of each FY) Last Monday, 4:30 p.m. (MAYOR) deHarte
(MPT)
Soto
Energy & Environmental Resources 2
nd Thursday, Noon deHarte N/A
Homelessness 3
rd Wednesday, 10:00 a.m. deHarte Soto
Public Safety 2
nd Monday, 9:00 a.m. Garner Bernstein
Transportation 1
st Monday, 10:00 a.m. Ready Garner
California Coalition of Mayors 1
st & 3rd Friday, 12:30 p.m. deHarte N/A
Coachella Valley Conservation
Commission (SE/, Form 700 required) 2
nd Thursday, 10:30 a.m. deHarte N/A
Coachella Valley Economic Partnership 3
rd Wednesday, 8:00 a.m. Garner Soto
Coachella Valley Mountains
Conservancy Bd. (SE/, Form 700 required)
2 nd Monday, 3:00 p.m.
(4 mtgs./year) Garner N/A
Desert Community Energy Board
(SE/, Form 700 required) 3
rd Monday, 3:00 p.m. Bernstein N/A
Eastern Riverside County Interoperable
Communications Authority
* Staff is waiting for an update on when
they’ll hold the final meeting to disband
(it was scheduled for April 10, 2025).

Bernstein N/A
Friends of PS Animal Shelter Varies Bernstein Ready
Visit Greater Palm Springs
(SE/, Form 700 required) Varies Bernstein deHarte

B – Page 1314 of 1558
Office of the City Clerk Rev. by the City Council on 9/10/2025 External Organizations Meetings Appointee Alternate
League of California Cities Varies Ready N/A
Main Street/Uptown Business
Association 1
st Tuesday, 8:30 a.m. Ready N/A
Palm Springs Chamber of Commerce 3
rd Thursday, 8 a.m. Bernstein N/A
Palm Springs Tourism & Hospitality Organizations
Hotel General Managers Meeting 2
nd Thursday, 8:00 a.m. deHarte Soto
PS Hospitality Association Member
Meeting 3
rd Thursday, 11:30 a.m. Bernstein deHarte
PS Resorts Meetings Varies deHarte Ready
Plaza Theater Restoration Fundraising
Committee Varies / 4:30 p.m. Bernstein Ready
Office of Neighborhood Involvement
(One-PS) 1
st Tuesday, 4:30 p.m. deHarte
Bernstein
Riverside County Transportation
Commission (SE/, Form 700 required) 2
nd Wednesday, 9:00 a.m. Ready Garner
So. California Association of
Governments Conference & General
Assembly Meeting (SE/, Form 700 required)
May 1-2, 2025 Ready N/A
Sunline Transit Agency
(SE/, Form 700 required) 4
th Wednesday, Noon Garner Ready
* Meetings are held on an as-needed basis.

B – Page 1315 of 1558

CITY COUNCIL STAFF REPORT
DATE: DECEMBER 10, 2025 BUSINESS & LEGISLATIVE
SUBJECT: ADMINISTRATIVE ANALYSIS AND CONFORMITY REPORT FOR A PROPOSED WAREHOUSE DEVELOPMENT ON 217 ACRES ON TRIBAL
TRUST LAND TOTALING UP TO 2.85 MILLION SQUARE FEET IN FOUR (4) BUILDINGS LOCATED WEST OF TIPTON ROAD BETWEEN
INTERSTATE 10 TO THE NORTH AND HIGHWAY 111 TO THE SOUTH, SECTIONS 9,10,15 AND 16, ZONE O-5 (OPEN SPACE) (CASE CR 2025- 0002)
FROM: Scott C. Stiles, City Manager
BY: Department of Planning Services
SUMMARY:

Under the Tribal/City Land Use Review Agreement (“Agreement”), the City is to prepare an Administrative Analysis and Conformity Report for proposed projects on reservation lands owned by the Agua Caliente Band of Cahuilla Indians (“Tribe”). Tribal staff have submitted a project proposal to construct 2.85 million square feet of warehouse space in four (4) buildings on undeveloped parcels owned by the Tribe. The project site is located west of Tipton Road, south of Interstate 10, and north of Highway 111 (APNS: 516-070- 022. 516-090-010. 522-030-008, 522-030-009, 522-090-001) on Sections 9,10,15, and

16. The proposed project, named Desert Mountain View Business Park, will consist of an industrial park totaling up to 2.85 million square feet in area. The project includes four (4) industrial, concrete tilt-up buildings ranging in size from 248,000 square feet to 1.14 million square feet as well as associated vehicle and truck parking and landscape areas.

In addition, infrastructure such as roadways, stormwater management system, and other utility improvements would also be constructed as part of the project.

While the Project is located within the City of Palm Springs, it is located on Tribal Trust land that is not subject to City land use regulations. As a result, the Palm Springs General Plan and Zoning Code serve as a guiding framework, but do not bind the Tribe in its decision to approve the Project. Under the Palm Springs General Plan, the Project Site is designated Open Space - Desert (OS-D; 1 dwelling unit per acre) and zoned open land (O-5; 5-acre minimum lot size), where industrial uses are not permitted.

C – Page 1316 of 1558
City Council Staff Report
December 10, 2025 -- Page 2
Conformity Report for Proposed Warehouse Development
RECOMMENDATION:

Adopt Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, APPROVING A CONFORMITY REPORT FOR A PROPOSED WAREHOUSE DEVELOPMENT ON 217 ACRES ON TRIBAL TRUST LAND TOTALING UP TO 2.85 MILLION SQUARE FEET IN FOUR (4) BUILDINGS LOCATED WEST OF TIPTON ROAD BETWEEN INTERSTATE 10 TO THE NORTH AND HIGHWAY 111 TO THE SOUTH; DIRECTING STAFF TO TRANSMIT THE

REPORT TO THE TRIBAL COUNCIL OF THE AGUA CALIENTE BAND OF CAHUILLA INDIANS; AND WAIVING THE JOINT MEETING BETWEEN THE CITY COUNCIL AND TRIBAL COUNCIL (CASE CR-2023-0002)”.

BUSINESS PRINCIPAL DISCLOSURE:

The proposed project is located on Tribal Trust land held by the Agua Caliente Band of Cahuilla Indians.

LAND USE COORDINATION AGREEMENT:

The City and the Tribe entered into an Agreement on December 15, 1998 to facilitate an expedited process for the City to review and comment on development projects located on land owned directly by the Tribe. The Agreement identifies a schedule for project review. As part of the project approval process and pursuant to the terms of the Agreement for Tribal/City Land Use Coordination on Certain Parcels (the “Land Use Coordination Agreement”) with the City of Palm Springs (the “City”) dated December 15, 1998, the Tribe has prepared this Project Report on the Desert Mountain View Business Park (the “Project Report”) for the City’s administrative review.

PROPOSED PROJECT:

Shopoff Realty Investments acting as Desert Mountain View, LLC (the “Developer”), through a ground lease with the Tribe, is proposing to develop and market an industrial business park totaling up to 2.85 million square feet. The Project includes four industrial, concrete tilt-up buildings ranging in size from approximately 248,000 square feet to 1.14 million square feet, as well as associated vehicle and truck parking and landscape areas.

In addition, infrastructure such as roadways, a stormwater management system, and other utility improvements would also be constructed as part of the Project.

While end users of the industrial warehouse buildings are unknown currently and the future use of those buildings is speculative in nature, given the Project site’s size and proximity to major goods movement infrastructure, such as major interstate highways and the ports of Los Angeles and Long Beach, warehousing use with ancillary office and maintenance areas is highly likely. With that said, two Project options are under consideration by the Developer: Option 1, with 100 percent warehousing uses; and Option 2, a mix of warehousing and cold storage uses. Both Options were analyzed in the Draft

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Tribal Environmental Impact Statement prepared for the Project and Option 1 is summarized in the draft Tribal Environmental Impact Statement (TEIS) Table 1 below.

Below is the link to the Desert Mountain View Business Park – Draft Tribal Environmental Impact Statement:

DMVBP_DRAFT_TEIS (1).PDF
STAFF ANALYSIS – ADMINISTRATIVE REVIEW:

Pursuant to the Land Use Coordination Agreement, the Project Report shall include “an analysis of the compatibility of the proposed Project with the City's and the Tribe's development standards and a statement identifying any manner in which the Project would be exempt from, or not conform to, any ordinance, rule, regulation, or standards of the City or of the Tribe.” While the Project is located within the City of Palm Springs, it is located on Tribal land that is not subject to City land use regulations. As a result, the Palm Springs General Plan and Zoning Code serve as a guiding framework, but do not bind the Tribe in its decision to approve the Project. Under the Palm Springs General Plan, the Project Site is designated Open Space - Desert (OS-D; 1 dwelling unit per acre) and zoned open land (O-5; 5-acre minimum lot size), where industrial uses are not permitted.

If this Project were subject to City standards/regulations, an amendment to the City’s General Plan and Zoning Code would be required as outlined below.

General Plan Amendment
• Change the Palm Springs General Plan land use designation of the Project Site from Open Space - Desert (OS-D) to Industrial (IND); and Zoning Code Amendment
• Change City zoning of the Project Site from open land (O-5) to manufacturing (M2), where the development of warehouses is allowed; and

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• Revise the area covered by the max building height exemption under Section

92.17.1.03 (M-2; Property Development Standards) of the City Zoning Code to include the Project Site.

With the above General Plan and Zoning Code Amendments, warehouse development would be permitted as a by-right use in the M-2 zone, and the warehouse use would be consistent with the Industrial General Plan land use designation.

The Project Site, which was identified by the Tribe for industrial use, is surrounded by public infrastructure that cuts off and separates it from the surrounding undeveloped areas. These include I-10 to the north, Tipton Road to the east, and SR-111 to the south and west. The Project Site is also bisected by Union Pacific Railroad lines, and major electric transmission lines cross the southern portion from east to west; both are incompatible with residential or other non-industrial type uses.

Regional access to the Project Site is located nearby and provided via I-10 and SR-111.

As discussed further in the next section of this Project Report, the Project will be required to make improvements to Wendy Road, Tipton Road, and SR-111 in accordance with City standards and Caltrans requirements.

The intent of the Administrative Review is to evaluate the adequacy of the public safety services, which include but are not limited to police, fire, and any other City services that are necessary for the project. Additionally, the purview of the review includes public welfare (e.g. health, safety), compatibility of the project with the surrounding properties, and the fiscal impact of the project. The Project Report has been circulated to the Fire Department and the Department of Engineering Services. In response, the departments provided the following comments:
 Streets & Utilities: Sanitary sewer facilities are not available on site and it is recommended that a private sanitary sewer system be constructed in accordance with City of Palm Springs standards. The project shall connect to the City system should it become available. It is recommended that any improvements within the City public right-of-way along Tipton Road obtain an encroachment permit. Any work done on State Highway 111 shall be coordinated with Caltrans as well as the United Pacific Railroad (UPRR) for work done at the railroad track crossings.

Recommended conditions of approval have been prepared to address technical compliance relative to both onsite and offsite improvements (Attachment B).  Building Permit/Impact Fees: While Tribal projects are typically exempt from the payment of impact fees, the Desert Mountain View Business Park Project Report states (Attachment C, page 9) that the proposed project will pay the standard development impact fees which are typically imposed by the City of Palm Springs for similar projects. These fees include sewer and drainage fees, public art fee, regional traffic impact (in-lieu of TUMF fees), and school fees. In addition, possessory interest tax will be collected from the leasehold interest that will go

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toward funding City services.
 Employment: The Draft Tribal Environmental Impact Report states that the project may result in 1,405 warehouse employees and 225 office employees. Most of these positions will be filled by members of the existing regional workforce.  Public Safety: The Fire Department has stated that the project will have minimal impact on the provision of fire and emergency response services. The Fire Department is recommending a set of standard conditions of approval for the proposed project which would be imposed on similar projects in the City (Attachment B).
 Taxes and Revenue: Being located on Tribal trust land, the project is exempt from the standard taxes such as property tax and sales tax. The only fiscal impact will be the development impact fees to be submitted by the Tribe.  As stated above, the project is recommended to be conditioned to pay the standard development impact fees as stated above, though Tribal projects are exempt from standard tax and fee collection. The proposed project includes street improvements along Tipton Road and the intersection of Highway 111. With the payment of the development impact fees and infrastructural improvements, the impact of the project on the City services may be important while allowing the community to benefit from the upgraded infrastructure, new employment opportunities, and more diversified commercial opportunities.

ANALYSIS – CONFORMITY REPORT:

Per the Agreement, the Conformity Report shall detail the conformance of the project to existing City rules and regulations, and the compatibility of the project with surrounding properties. As the project application is in conceptual form it is difficult to determine overall setbacks, parking standards, lot coverage, density, building height as the project would need to be developed per Section 92.17.1.00 for the M-2 Zone of the Palm Springs Zoning Code should a rezoning and General Plan Amendment occur.

Site Area
Net Acres 217 Acres
Surrounding
Property
Existing Land
Use Per PSZC
Chapter 92.00
Existing General Plan
Designation
Existing Zoning
Designation
Subject
Property Undeveloped D (Desert) O-5 (Open Space)
North Vacant Unincorporated
Riverside Co
Unincorporated
Riverside Co

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Conformity Report for Proposed Warehouse Development
Surrounding
Property
Existing Land
Use Per PSZC
Chapter 92.00
Existing General Plan
Designation
Existing Zoning
Designation
South Vacant SPA (Special
Planning Area)
ESSPA (Environmental
Sensitive Area)
East Vacant D (Desert) O-5 (Open Space)
West Vacant Unincorporated
Riverside Co
OS - M (Open Space -
Mountain)
STREETS – CIRCULATION:

As noted in the Tribal Environmental Impact Statement (TEIS), the Project would generate a substantial number of new trips, including passenger vehicles and heavy trucks. Internal circulation has been designed to accommodate this traffic efficiently, with wide drive aisles, designated truck loading areas, and appropriate turning radii. No internal congestion or operational deficiencies are anticipated. Therefore, no significant traffic congestion is expected on Tribal land.

Per the TEIS, the Project would degrade Level of Service (LOS) at key intersections, particularly SR-111 and Tipton Road (Intersection 4) and Snow Creek Road and SR-111 (Intersection 3). Intersection 4 is projected to operate at LOS F during the AM peak hour under both development scenarios 1 and 2, while Intersection 3 is projected to operate at LOS F during the PM peak hour under the Existing Plus Project development scenarios 1 and 2.3. Queuing at the southbound approach at Intersection 4 would also exceed available storage, potentially extending beyond the upstream Union Pacific Railroad (UPRR) crossing, which may pose operational and safety concerns.

Findings of the Traffic Impact Assessment (TIA) identified significant congestion at the SR-111 and Tipton Road intersection. The TIA showed that this intersection would operate at LOS F during the AM peak hour with the Project in place, whereas without the Project, conditions would remain at LOS E. Mitigation Measures would address intersection LOS degradation.

To address this localized congestion associated with LOS and operational deficiencies, Mitigation Measures would be implemented as well as Project Design Features (PDF) to divert Project-related truck trips away from the constrained I-10 interchange and toward SR-111, which has greater capacity and fewer existing operational issues. In addition, a Mitigation Measure incorporates this recommendation by mandating a truck routing strategy through clearly marked signage and internal circulation coordination to minimize unnecessary on-site vehicular travel. Signage would be placed at every truck exit driveway showing directional information to the off-site truck route, directing trucks to take SR-111 to avoid operational impacts at the Tipton Road/I-10 interchange. Next, a Transportation Demand Management (TDM) Plan which would discourage singleoccupancy vehicle trips and encourage alternatives modes of transportation measures

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such as carpooling would be instituted. This mitigation measure is designed to reduce the number of vehicle trips from employees. Furthermore, a Mitigation Measure requires the preparation and submittal of a Traffic Control Plan that plans for alternative traffic routes and emergency access during construction. Therefore, implementation of Mitigation Measures for the Project’s impact on traffic flow and intersection performance near the I10 corridor would reduce the impacts generated by the development.

ENVIRONMENTAL ASSESSMENT:

A draft Environmental Impact Statement has been prepared by the Tribe for the project in accordance with the Tribal Environmental Policy Act (TEPA). The assessment analyzes the impacts of the project related to land and water resources, air quality, living resources, cultural resources, socioeconomic conditions, resource use pattern (e.g. land use, transportation, recreation), and other values (e.g. noise, public safety, and climate change). As a result, it was determined that Air Quality will cause significant and unavoidable impacts.

SUGGESTED CONDITIONS OF APPROVAL:

The City has developed a set of suggested conditions of approval for consideration by the Tribe in its review of the proposed project. These conditions are attached and made a part of this Conformity Report; they include recommendations for compliance with various City and State ordinances and regulations. These conditions are advisory and are not binding on the Tribe.

The proposed project has the potential to conform to the M-2 zone standards and the Industrial land use designation should the property be built based upon the zone development standards as found is Section 92.17.1.03 of the PSZC.

ALIGNMENT WITH STRATEGIC PLANNING:

This item aligns with the following City Council Strategic Plan Broad Goal: Economic Development.

FISCAL IMPACT:

Being located on Tribal trust land, the project is exempt from the standard taxes such as property tax and sales tax. The only fiscal impact will be the development impact fees to be submitted by the Tribe.

The following analysis was prepared by Wayne Olsen the City’s Economic Development Director:

Construction Value @ 69/sf $ 196,998,174.00
Possible sales taxes (10% local purchase) $ 1,566,135.48

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Conformity Report for Proposed Warehouse Development
Office 45,000 SF – PI valuation factor (30%) $ 59,099,452.20 Bldg. 1 2,810,046 SF – Blended tax rate (1.12%) $ 709,193.43 Total 2,855,046 SF – Estimated Annual PI Tax $ 709,000.00 Jobs Construction – 404
Note: Riverside County collects a “possessory interest” tax based on the PI valuation by the auditor, therefore the tax figures are county impacts. The sales tax assumes a 10% local purchase of goods. This would go up if the local purchase rate was higher.

REVIEWED BY:

Planning Director: Chris Hadwin
Assistant City Manager: Flinn Fagg
City Manager: Scott Stiles
ATTACHMENTS:

A. Vicinity Map
B. Draft Resolution and recommended Conditions of Approval C. Desert Mountain View Business Park – Project Report
D. Exhibits

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ATTACHMENT A
Vicinity Map

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Department of Planning Services
Vicinity Map

CITY OF PALM SPRINGS
Case CR 2025-0002
Desert Mountain View Business Park

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ATTACHMENT B
Draft Resolution &
Conditions of Approval

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Resolution No. _____

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