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Community Development District Obligations
3 Months Ended
Mar. 31, 2014
Community Development District Obligations  
Community Development District Obligations

7.              Community Development District Obligations

 

A community development district or similar development authority (“CDD”) is a unit of local government created under various state and/or local statutes to encourage planned community development and to allow for the construction and maintenance of long-term infrastructure through alternative financing sources, including the tax-exempt markets. A CDD is generally created through the approval of the local city or county in which the CDD is located and is controlled by a Board of Supervisors representing the landowners within the CDD.  In connection with the development of certain communities, CDDs may use bond financing to fund construction or acquisition of certain on-site or off-site infrastructure improvements near or within those communities. CDDs are also granted the power to levy assessments and user fees on the properties benefiting from the improvements financed by the bond offerings. We pay a portion of the assessments and user fees levied by the CDDs on the properties we own that are benefited by the improvements. We may also agree to repay a specified portion of the bonds at the time of each unit or parcel closing.

 

The obligation to pay principal and interest on the bonds issued by the CDD is assigned to each parcel within the CDD and the CDD has a lien on each parcel at the time the CDD adopts its fees and assessments for the applicable fiscal year.  If the owner of the parcel does not pay this obligation, the CDD can foreclose on the lien. The bonds, including interest and redemption premiums, if any, and the associated lien on the property are typically payable, secured and satisfied by revenues, fees or assessments levied on the property benefited.

 

In connection with the development of certain of our communities, CDDs have been established and bonds have been issued to finance a portion of the related infrastructure. There are two primary types of bonds issued by a CDD, type “A” and “B,” which are used to reimburse us for construction or acquisition of certain infrastructure improvements. The “A” bond is the portion of a bond offering that is ultimately intended to be assumed by the end-user (homeowner) and the “B” bond is our obligation.

 

The total amount of CDD bond obligations issued and outstanding with respect to our communities was $33.0 million as of both March 31, 2014 and December 31, 2013, which represented outstanding amounts payable from all landowners within our communities. The CDD bond obligations outstanding as of March 31, 2014, mature during 2014 and through 2034.  As of March 31, 2014 and December 31, 2013, we recorded CDD bond obligations of $6.9 million and $7.3 million, respectively, net of debt discounts of $1.3 million and $1.4 million, respectively, which represented the estimated amount of bond obligations that we may be required to pay based on our proportionate share of property owned within our communities.

 

We record a liability related to the “A” bonds for the estimated developer obligations that are probable and estimable and user fees that are required to be paid or transferred at the time the parcel or unit is sold to an end user. We reduce this liability by the corresponding assessment assumed by property purchasers and the amounts paid by us at the time of closing and the transfer of the property. We record a liability related to the “B” bonds, net of cash held by the districts that may be used to reduce our district obligations, for the full amount of the developer obligations that are fixed and determinable and user fees that are required to be paid at the time the parcel or unit is sold to an end user. We reduce this liability by the corresponding assessments paid by us at the time of closing of the property.

 

Our proportionate share of cash held by CDDs was $3.7 million and $3.6 million as of March 31, 2014 and December 31, 2013, respectively.  Cash related to our share of the “A” bonds, which do not have a right of setoff on our CDD bond obligations, was $3.6 million and $3.5 million as of March 31, 2014 and December 31, 2013, respectively, and was included in other assets on the accompanying unaudited consolidated balance sheets (Note 5).  As of both March 31, 2014 and December 31, 2013, cash related to the “B” bonds, which has a right of setoff, was $0.1 million and was recorded as a reduction of our CDD bond obligations.

 

During April 2013, we acquired property, which was secured by an existing CDD obligation, and the related $24.0 million of CDD bonds issued and outstanding.  Therefore, at March 31, 2014 and December 31, 2013, we were both an owner of property subject to a CDD obligation as well as the holder of the related CDD bonds.  In accordance with ASC Subtopic 405-20, Extinguishments of Liabilities, we accounted for the existing CDD obligation as a debt extinguishment to the extent of our obligation to repay the related CDD bond obligations.  As a result, $23.6 million of the $24.0 million existing CDD obligation, which related to the property owned by us, was not recorded as a CDD obligation on our consolidated balance sheets as of those dates.  During April 2014, we sold $23.6 million of the aforementioned CDD bonds and received net proceeds, including accrued and unpaid interest, of $22.7 million.  The scheduled debt service payment on May 1, 2014 satisfied all the other CDD bonds previously held by us.  Accordingly, we are no longer the holder of any such CDD bonds.  As a result of these transactions, the Company’s CDD obligations will increase by approximately $21.7 million during the three months ending June 30, 2014, which represents our discounted proportionate share of the outstanding CDD bonds.