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City of San Leandro July 8, 2022 <br />CFD No. 2022-1 (Monarch Bay Shoreline Facilities & Services) Page B-4 <br />“Indenture” means the indenture, fiscal agent agreement, resolution, or other instrument pursuant to <br />which CFD No. 2022-1 Bonds are issued, as modified, amended, and/or supplemented from time to time, <br />and any instrument replacing or supplementing the same. <br />“Land Use Class” means any of the classes listed in Table 1 and Table 2. <br />“Land Use Type” means any of the land uses listed in Table 1 and Table 2. <br />“Leasehold Interest” means an interest pursuant to which a person leases or otherwise obtains real <br />property rights for a set period of time. <br />"Maximum Special Tax” means the Maximum Special Tax, determined in accordance with Section C <br />below, that can be levied in any Fiscal Year on Taxable Property. <br />“Non-Residential Floor Area” means the total building square footage of the non-residential building(s) <br />or the non-residential portion of a building with both residential and non-residential areas located on <br />Taxable Property that is Developed Property, measured from outside wall to outside wall, not including <br />space devoted to stairwells, public restrooms, lighted courts, vehicle parking and areas incident thereto, <br />and mechanical equipment incidental to the operation of such building. The determination of Non- <br />Residential Floor Area shall be made by the CFD Administrator by reference to the Building Permit(s) <br />issued for such Taxable Property and/or the records of the City’s building division. <br />“Non-Residential Property” means all Taxable Property that is Developed Property for which a Building <br />Permit permitting the construction of one or more non-residential buildings or facilities has been issued <br />that is not Hotel Property. <br />“Outstanding CFD No. 2022-1 Bonds” means all CFD No. 2022-1 Bonds which are outstanding under and <br />in accordance with the provisions of the Indenture. <br />“Pay-As-You-Go Expenditure” means Pay-As-You-Go Revenue which is used or set aside for Authorized <br />Facilities, including for Authorized Facilities to be constructed or acquired by CFD No. 2022-1. Pay-As-You- <br />Go Expenditures may be included in the Special Tax Requirement until all Authorized Facilities have been <br />constructed or acquired. <br />“Pay-As-You-Go Revenue” means Special Tax revenues that are available after being used or set aside for <br />Debt Service, Administrative Expenses, or Authorized Services. <br />"Property Owner Association Property" means, for each Fiscal Year, any property within the boundaries <br />of CFD No. 2022-1 that is owned by a property owner association, including any master or sub-association, <br />but not including any such property that is located directly under a residential structure. <br />"Proportionately" means, for Developed Property and Final Map Property, that the ratio of the Special <br />Tax levy to the Assigned Special Tax or the Backup Special Tax is equal within each respective Tax Zone. <br />For Undeveloped Property, “Proportionately” means that the ratio of the actual Special Tax levy per Acre <br />to the Maximum Special Tax per Acre is equal within each respective Tax Zone. <br />"Public Property" means property within the boundaries of CFD No. 2022-1 owned by, irrevocably offered <br />or dedicated to, or for which an easement for purposes of public right-of-way has been granted to the <br />federal government, the State, the County, the City, or any local government or other public agency,