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21-1054RESOLUTION NO.21-1054 A RESOLUTION OF THE CITY COUNCIL OF THE CIry OF MENIFEE DECLARING ITS INTENTION TO ANNEX TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES) OF THE CITY OF MENIFEE, ADOPTING A MAP OF THE AREA PROPOSED TO BE ANNEXED (ANNEXATION NO. 9) AND AUTHORIZING THE LEVY OF SPECIAL TAXES THEREIN WHEREAS, pursuant to the Mello-Roos Community Facilities Act of .lgg2 (the ,,Act,,), on November 1, 2017, the City Council (the "City Councit") of the City of Menifee (the,,City,,) approved Resolution No. 17-6Y establishing community Facilities District No. 2017-1 (Mainienance services) of the city of Menifee, county of Riverside, state of california (the "cFD No. 2017-1',) for the purpose of levying special taxes on parcels of taxable property therein, which taxes would be used to provide certain services necessary to meet increased demands placed upon the clty by development; and WHEREAS, the City Council has received a written instrument to initiate and conduct proceedings pursuant to the Act, to annex territory into cFD No. 2017-1 and to consent to the shortening of election time requirements, waiving of analysis and arguments, and waiving of all notice requirements relating to the conduct of the electioni and WHEREAS, the City Council has been advised that certain property owners have requested that the area described in Exhibit A be annexed territory into the boundaries of CFD No. 2017-1, and that a rate and method of apportionment of the special tax to be levied therein be established. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MENIFEE, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MATNTENANCE SERVTCES) OF THE CtTy OF MEN|FEE, DETERMTNE AND ORDER AS FOLLOWS: Section'1. lntent to Annex. The C ity Council, acting as the legislative body of the CFD No. 2017-1 hereby declares that it proposes and intends to conduct proceedings pursuant to Article 3.5 of the Act for the annexation into the CFD No. 2017-1 ol the territory described in Exhibit A attached hereto. The City Council determines thatthe public convenience and necessity require that such territory be annexed to CFD No. 2017-1. Section 2. is known as Name of the Commu nitv Facilities District The existing community facilities district "Community Facilities District No. 2017-1 (Maintenance Services)." Section 3.cn nli^n of Territo lnclu in Exi tn N The boundaries of.l <t nC F n 6 )i17-1 the territory currently included in the CFD No. 2017-1 are described and shown on that certain map entitled "Proposed Boundary Map - Community Facilities District No. 2017-1 (Maintenance Services) City of Menifee, County of Riverside, State of California", as recorded on November 7, 2017 in Book 81 of Maps of Assessment and Community Facilities Districts, at Page 69, and as 1 Document No. 2017-0465706 in the official records of the County of Riverside, as amended by the following: Section 4. Description of Territorv Prooosed to be Annexed. Annexation Map. The territory proposed to be annexed is included within the boundaries within which property may annex to CFD No. 2017-1 and is more particularly described and shown on that certain map entifled "Boundaries - Potential Annexation Area Community Facilities District No. 2017-1 (Maintenance Services) of the City of lVlenifee, County of Riverside, State of California," as recorded on November 7, 2017 in Book 81 of Maps of Assessment and Community Facilities Districts, at page 70, and as Document No. 2017-0465707 in the official records of the County of Riverside. The territory proposed to be annexed to the CFD No. 201 7- 1 is described in Exhibit A attached hereto and by this reference made a part hereof. Such territory is also shown and described on the map thereof entitled "Annexation Map No. 9, Community Facilities District No. 2017-1 (Maintenance Services), City of Menifee, County of Riverside, State of California," which is on file with the City Clerk (the "Annexation Map") and attached hereto as Exhibit D. Section 5. Description of Au thorized Services The services proposed to be financed by the territory proposed to be annexed to the CFD No. 2017-1 (the "services") are the same as those services authorized to be flnanced by the existing territory in the CFD No. 2017-1 and are described in Exhibit B attached hereto. The cost of providing the Services includes "Administrative Expenses," which include costs associated with the creation ofCFD No.2O17-1, determination of the amount of special taxes, collection or payment of special taxes, or costs otherwise incurred in order to carry out the authorized purposes of CFD No. 2017-1. the Services authorized to be financed by CFD No. 2017-1 arc jn addition to those currently provided in the territory of CFD No. 2017-1 and do not supplant Services already available within that territory. Section 6. proposed to on the same Plan for Providinq Services. The Services will be provided within the territory be annexed to the CFD No. 2017-1 and the existing territory in the CFD No. 2017-1 basis. Secti on 7.Lew of Special Taxes. Except where funds are otherwise available, a special tax sufficient to pay the costs of the Services (including Administrative Expenses), secured by recordation of a continuing lien against all nonexempt real property in CFD No. 2017-1, will be levied annually within the territory proposed to be annexed to the CFD No. 2017-1. The rate and method of apportionment, and manner of collection of the special tax are specified in Exhibit C. Section 8.No Alteralio n of the Soecial Tax Levied in the Existi CFD No. 2017-1 The City Council does not propose to alter the special tax rate levied within the existing territory in the CFD No. 2017-1 Section 9.Adoption of Annexation Map. Pursuant to Section 3110.5 of the Streets and Highways Code, the City Council adopts the Annexation Map as the map ofthe area proposed to be annexed to the CFD No. 2017-1. Pursuantto Section 3111 of said Code, the City Clerk shall file the original of the Annexation map in his or her ofiice and shall file a copy of the Annexation Map with the County Recorder of the County of Riverside no later than 15 days prior to the date of the hearing specified in Section 7 hereof. Secti on 10. Public Hearinq. The C ity Council hereby fixes 6:00 p.m., or as soon thereafter as practicable, on Wednesday, September 1,2021 in the City Council Chambers located at 29844 Haun Road, Menifee, California 92586, as the time and place when and where the City Council will conduct a public hearing on the proposed annexation ofthe area depicted on the Annexation Map and described in Exhibit A hereto territory to the CFD No. 2017-1. 2 EXHIBIT A DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED The city of Menifee community Facirities District No 2017-1 (Maintenance servjces) (the.cFD No. 2017-1,,)Annexation No.9 is currently comprised of '16 parcels, locaied within the City bouniaries. rrre--property isidentified by the fotlowing Riverside County Assessor,s iarcel Numbers 1nef,,,t1. Assessor Parcel Numb s Owner Name 331-080-00s D R Horton Los eles Holdin lncComan D.R.Horton Los An es Holdin Com lncn 331-080-007 D.R.Horton Los An les Holdi Com lncn 331-080-008 D.R Horton Los An les Holdin Com lncn 331-080-009 lncD R.Horton Los An eles Holdin Com a s31-080-010 D.R.Horton Los eles Holdin lncCa 331-080-01 1 D.R.Horton Los A eles Holdin Com an ,lnc33'1-080-012 D R Horton Los An es Holdi Com n ,lnc331-080-018 O.R.Horton Los An les Holdin Com lncn 331-080-01 I lncD.R.Horton Los An eles Holdin Com a 331-080-020 lncD.R.Horton Los An eles Holdin Com a D R Horton Los eles Holdin lncComan D.R.Horton Los An es Holdin Com n D.R.Horton Los An les Holdi 331-080-027 Com lncD.R.Horton Los An eles Holdin 331-080-028 lnc(-aD.R Horton Los An eles Holdin 331-080-006 331-080-021 331-080-024 lnc 331-O8o-025 Comoanv. lnc. EXHIBIT B DESCRIPTION OF AUTHORIZED SERVICES APPENDIX B CITY OF MENIFEE coMMUNtTy FACILtTtES DtSTRtCT NO. 2017_1 (MATNTENANCE SERVTCES) DESCRIPTION OF AUTHORIZED SERVICES The services which may be funded with proceeds of the speciar tax of cFD No. 2017-1, as provided bysection 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, reparringand/or replacing landscaped areas (may include reserves for replacement) in public street ri!ht-of-*"y,public landscaping, public open spaces and other similar landscaped areas officially dedicatei for public use. These services including the following: (a) maintenance and righting of parks, parkways, streets, roads and open space, whichmaintenance and lighting services may include, without limitation, furnishing ofelectrical power to streetliShts; repair and replacement of damaged or inoperative light bulbs, fixtures a nd standards; ma intenance(including irrigation and repracement) of randscaping vegetation situated on or adjacent to parks,parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance ofpublic signage; graffiti removal from and maintenance and repair of public structures situated on parks,parkways, streets, roads and open space; maintenance and repair of prayground or recreation program equipment or facilities situated on any park; and (b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may includebut is not limited to the repair, removar or repracement of alr or part of any of the watei quarityimprovements, fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets andoutlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance and servicing of the water quality basin improvements within flood control channel improvements; and (c) public street sweeping, on the segments ofthe arterials within the boundaries of CFD No. 2017 -L; as well as local roads within residential subdivisions located within CFD No. 2017-1; and anyportions adjacent to the properties within CFD No. 2OL7 -t; and ln addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay "Administrative Expenses," as said term is defined in the Rate and Method of Apportionment. The above services may be financed by proceeds of the special tax of CFD No. 2017-1 only to the extent that they are in addition to those provided in the territory of cFD No. 2017-1 before cFD No. 2017_1 was created or those provided in the territory annexed to cFD No. 2017-1 before the territory was annexed, as a pplica ble, City of Menifee Community Facilities District No. 2017-1 (Maintenance Services) 1"2 EXHIBIT C RATE ANO METHOD OF APPORTIONMENT RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR coMMUNTW FACtLtTtES DtSTRtCT NO. 2017-1 (MATNTENANCE SERVTCES) OF THE CIW OF MENIFEE A Special Tax (the "SpecialTax") shall be levied on and collected from each Assessor's parcel (defined below) in community Facilities District No. 2017-1 (Maintenance Services) (the "cFD No.2017-1" or,,cFD,,; defined below), in each Fiscal Year, (defined below), commencing in the Fiscal year beginning July L, 201g, in an amou nt determined by the City Cou ncil of the City of Menifee, acting in its capacity as the legislative body of CFD No. 2017-L, by applying the rate and method of apportionment set forth below. All of the real property in CFD No. 2017-1, unless exempted by law or by the provisions herein, shall be taxed to the extent and in the ma nner provided herein. A. DEFINITIONS "Acre" or "Acreage" means the land area of an Assessor's parcel as shown on any Assessor,s parcel Map, or if the land area is not shown on the Assessor's parcel Map, the land area as shown on the applicable Final Map, or if the area is not shown on the applicable Final Map, the Iand area shall be calculated by the Administrator. "Administrative Expenses" means the actual or reasonably estimated costs directly related to the formation, annexation, and administration of cFD No. 2017-1. including, but not limited to: the costs of computing the Special Taxes and preparing the annual SpecialTax collection schedules (whether by the city or designee thereof or both); the costs to the city, cFD No. 2017-1, or any designee thereof associated with fulfilling the CFD No. 20L7-1 disclosure requirements; the costs associated with responding to public inquiries regarding the special raxes; the costs of the city, cFD No. 2017-L or any desiSnee thereof related to an appeal of the Special Tax; and the City's annual administration fees including payment of a proportional share of city overhead and salaries and benefits of any city employees whose duties are related to the administration of CFD No. 2017-1 and third party expenses related to CFD No. 2017-1. Administrative Expenses shall also include amounts estimated or advanced by the city or cFD No. 2077 -l fot any other administrative purposes of cFD No. 2017-1, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes, "Administrator/' means the City Manager of the City of Menifee, or his or her designee. "Approved Property'' means all Assessor's Parcels of Taxable property that are included in a Final Map that was recorded prior to the March 1 preceding the Fiscal Year in which the SpecialTax is being levied, and that have not been issued a building permit on or prior to the June 1 preceding the Fiscalyear in which the special tax is being levied. "Assessor's Parcel" means a lot or parcel of land that is identifiable by an Assessor,s parcel Number by the County Assessor of the County of Riverside. "Assessor/s Parcel Map" means an official map of the Assessor of the County designating parcels by Assessor's Parcel Nu mber. "Assessor's Parcel Numbe/' means that identification number assigned to a parcel by the County Assessor of the County. "Building Square Footage" or "BSF" means the floor area square footage reflected on the original City of Menifee Community Facilities District No. 2017-1 (Maintenance Services) 1 construction building permit issued for construction of a building of Non-Residential property and any Building Square Footage subsequently added to a building of such Non-Residential property after issuance of a building permit for expansion or renovation of such building. "calendar Yea/' means the period commencing January 1of any year and ending the following December 31. "CFD" or "CFD No. 2017-1" means the City of Menifee Community Facilities District No. 2017_1 (Maintenance Services), "City'' means the City of Menifee. "Contingent Services" means services permitted underthe Mello-Roos Community Facilities Act of 19g2 including, without limitation, those services authorized to be funded by cFD No. 2017-1 as set forth in the documents adopted by the city council at the time the cFD was formed to be provided by the city in the event the Administrator makes a determination pursuant to Section C(2) that a Property Owners, Association fails to adequately provide such services. "County'' means the County of Riverside. "Developed Property'' means all Assessor's parcels of Taxable property for which a building permit for new construction has been issued on or prior to June 1 preceding the Fiscal Year in which the Special Tax is being levied. "Exempt Property" means all Assessors' parcels designated as being exempt from the sp€cial rax as provided for in Section G. "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 1352 that creates individual lots for which building permits may be issued without further subdivision. "Fiscal Year'' means the period from and including Ju ly 1't o{ any year to and including the following Ju ne 3orh. "Land Use Cateton/' or "LUC" means any of the categories contained in Section B hereof to which an Assessor's Parcel is assigned consistent with the land use approvals that have been received or proposed for the Assessor's Parcel as of June L preceding the Fiscal Year in which the Special Tax is being levied. "Maximum Special Tax" means either Maximum Special Tax A and/or Maximum Special Tax B (Contingent), as a pplicable. "Maximum Special Tax A" means for each Assessor's Parcel and each Fiscal year, the maximum Special Tax A, as determined in accordance with Section C below that can be levied on such Assessor's Parcel in such FiscalYear. "Maximum Special Tax B (Contingent)" means for each Assessor's Parcel and each Fiscal year, the maximum Special Tax B (Contingent), as determined in accordance with Section C below that can be levied on such Assessor's Parcel in such FiscalYear. City of Menifee Community Facilities District No. 2017-1 (Maintenance Services) 2 "Multi-Family Residential Property''or "MFR" means any Assessor's parcel of Residential property upon which a building or buildings comprised of attached Residential Units sharing at least one common wall with another unit are constructed or are intended to be constructed. "Non-Residential Property'' or "NR" means all Assessor's parcels of Taxable property for which a buildrng permit(s) was issued for a non-residential use. The Administrator shall make the determination if an Assessor's Parcel is Non-Residential property. "Property Owner's Association" or "pOA,, means the property owner,s association or homeowner,s association established to maintain certain landscaping within a Tax Zone. "Proportionately'' means for Taxable property that is: (i) Developed property, that the ratio of the actual special rax levy to the Maximum special rax 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 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. "Residential unit" or "RU" means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the Administrator. "Residential ProPerty'' means all Assessor's Parcels of Taxable Property upon which Residential Units have been constructed or are intended to be constructed or for which building permits have been or may be issued for purposes of constructing one or more Residential Units. "Service(s)" means services permitted under the Mello-Roos Community Facilities Act of 1982 including, without limitation, those services authorized to be funded by cFD No. 2017-L as set forth in the documents adopted by the City Council at the time the CFD was formed. "Single Family Residential Propert/'or "sFR" means any Residential property other than Multi-Family ResidentialProperty on an Assessor's parcel. "SpecialTax A" means the annual specialtax to be levied in each tiscalYear on each Assessor's parcel of Taxable Property to fund the Special Tax A Requirement. "Special Tax A Requirement" means for each Tax zone that amount to be collected in any Fiscal year to pay for certain costs as required to meet the needs of such Tax Zone within CFD No. 2017-1 in both the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for maintenance services including but not limited to (i) maintenance and lighting of parks, parkways, streets, roads and open space, (ii) maintenance and operation of waterquality improvements, (iii) public street sweeping, (iv) fund an operating reserve for the costs of services as determined by the Administrator, and (v) Administrative Expenses. under no circumstances shall the special Tax A Requirement include funds for Bonds. "Special Tax B (Contingent)" means the annual special tax to be levied in each Fiscal year on each Assessor's Parcel of raxable Property to fund the special Tax B (contingent) Requirement, if required. City of Menifee Community Facilities District No. 2017-1 (Maintenance Services) 3 "Special Tax(es)" means the specialrax A or special rax B (contingent) to be levied in each Fiscal year on each Assessor's Parcel of Taxable Property. "Special rax B (contingent) Requirement" means that amount required in any Fiscalyear, if the poA is unable to maintain the Contingent Service(s) to: (i) pay the costs of Contingent Services incurred or otherwise payable in the Calendar Year commencing in such Fiscal Year; (ii) fund an operating reservefor the costs of Contingent Services as determined by the Administrator; less a credit for funds available to reduce the a nnual special Tax B (contingent) levy as determined by the Administrator. "Taxable Property" means allAssessor's parcels within cFD No. 2017-1, which are not Exempt property. 'Taxable Unit" means a Residential Unit, Building Square Footage, or an Affe. "Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax rates may be levied pursuant to this Rate and Method of Apportionment of Special Tax. Appendix C identifies the Tax zone in cFD No. 2017-1 at formation; additional rax zones may be created when property is annexed into the CFD. "Tax zone 1" means the specific geographic area identified on the cFD Boundary Map as Tax zone 1. "Tract(s)" means an area of land; i) within a subdivision identified by a particular tract number on a Final Map, ii) identified within a Parcel Map; or iii) identified within lot Iine ad1ustment approved for subdivision. "Undeveloped Property''means, for each Fiscal year, all raxable property not classified as Developed Property or Approved Property. B. ASSIGNMENT TO LAND USE CATEGORIES For each Fiscal Year, all Assessor's Parcels of Taxable Property within CFD No. 2017-1 shall be classified as Developed Property, Approved Property, or Undeveloped Property, and shall be subject to the levy of Special Taxes as determined pursuant to SectionsC and O below. Assessor's Parcels of Developed Property and Approved Property shall be classified as either Residential Property or Non-Residential Property. Residential Property shall be further classified as Single Family Residential property or Multi- Family Residential Property and the number of Residential Units shall be determined by the Administrator. C. MAXIMUM SPECIAL TAX RATES For pu rposes of determin ing the applicable Maximu m Special Tax for Assessor's Parcels of Developed Property and Approved Property which are classified as Residential Property, all such Assessor's Parcels sha ll be assigned the nu mber of Residential Unit(s) constructed or to be constructed thereon as specified in or shown on the building permit(s) issued or Final Map as determined by the Administrator. Once a single family attached or multi-family building or buildings have been built on an Assessor's Parcel, the Administrator shall determine the actual number of Residential Units contained within the building or buildings, and the Special Tax A levied against the Assessor's Parcel in the next Fiscal Year shall be calculated by multiplying the actual number of Residential Units by the Maximum Special Tax per Residential Unit for the Tax Zone below or as included in Appendix A as each annexation occurs. For purposes of determining the applica ble Maximu m Specia I Tax for Assessor's Parcels of Developed Property and Approved Property which are classified as Non-Residential Property, all such Assessor's Parcels shall be asslgned the number of Building Square Footage or Acres as shown on the Final Map as determined by the Administrator. Once the Administrator determines the actual number of City of Menifee Community Facilities District No. 2017-1 (Maintenance Services) 4 1 BuildinB square Footage or Acres for the Assessor's parcels, the special rax A levied against the Assesso/s Parcel in the next Fiscal Year shall be calculated by multiplying the number of Building Square Footage or Acres by the Maximum Special Tax per Taxable Unit identified for the applicable Tax Zone below or as included in Appendix A as each annexation occurs. Special Tax A DeveloDed P ro pe rtva (i)Maximum S pecial Tax A The Maximum special rax A for each Assessor's parcel of Developed property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2017-1, the rate and method adopted for the annexed property shall reflect the Maximum special rax A for the Tax zones annexed and included in Appendix A. The Maximum special rax A for Developed Property for Fiscal Year 2018-19 within Tax Zone 1 is identified in Table 1 below: TABLE 1 MAXIMUM SPECIAL TAX A RATES DEVETOPED PROPERTY (ii)lncrease in the Maximum Soecial I ax A On each July 1, commencing on July 1, 2019 the Maximum Special Tax A for Developed propertv shall increase by i) the percentage increase in the consumer price lndex (All ttems) for Los Angeles - Riverside - orange county (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. b. Approved Pro Perty The Maximu m special Tax A for each Assessor's Parcel of Approved property sha ll be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2017-1, the rate and method adopted for the annexed property shall reflect the Maximum special rax A for the Tax zone annexed and included in Appendix A. The Maximum special rax A for Approved property for Fiscal Year 2018-19 within Tax Zone 1 is identified in Table 2 below: City of Menifee Community Facilities District No. 2017-1 (Maintenance Services) 5 Tax Zone Tract Land Use Category Maximum Special Tax A 1 TR 36299-1 & PM 9504 Sin le Fami Residential Pro RU s 1s8 Multi-Famil Residential Propert S 1s8 Non Residential Pro pe rty Acre 5t,7 L4 (iii) Multiple Land Use Catesories ln some instances, an Assessor's Parcel of Developed property mav contain more than one Land Use Category. The Maximum Special Tax A that can be levied on an Assessor's Parcel shall be the sum ofthe Maximum specialrax A that can be levied for each Land use category located on that Assessor's Parcel. For an Assessor's parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acrea8e desiSnated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of property shall be final. I Taxable Unit I RU TABLE 2 MAXIMUM SPECIAL TAX A RATES APPROVED PROPERTY Tax Zone Tract Land lJ se Cat egory Taxable Unit Maximum Special Tax A 1 TR 36299-1 & PM 9504 Sin8le Fam ily Residential Property RU S 1s8 Multi-Famil Residential Pro erty s 1s8 Non-Residentia I Prope Acre on each July 1, commencing on July 1, 2019 the Maximum special rax A for Approved property shall increase by i) the percentage increase in the consumer price lndex (All ltems) for Los Angeles - Riverside - orange county (1982-84 = 100) since the beginning of the preceding Fiscal year, or ii) by two percent (2.0%), whichever is greater. c. U ndevelo d Prooertv The Maximum Special rax A for each Assessor's parcel of Undeveloped property shall be specific to each rax zone within the cFD. when additional property is annexed into cFD No. 2017-1, the rate and method adopted for the annexed property shall reflect the Maximum special rax A for the Tax Zone annexed and included in Appendix A. The Maximum special Tax A for undeveloped property for Fiscal Year 2018-19 within Tax Zone 1 is identified in Table 3 below: TABTE 3 MAXIMUM SPECIAL TAX A RATES UNDEVE[OPED PROPERTY Tax Zone Taxable Unit Maximum Special Tax A 1 TR 36299- 1 & PM 9504 Acre S1, s15 on each July 1, commencing on July 1, 2019 the Maximum special rax A for Undeveloped property shall increase by i) the percentage increase in the consumer price lndex (All ttems) for Los Angeles - Riverside - orange county (1982-84 = 1oo) since the beginning of the preceding Fiscal year, or ii) by two percent (2.0%), whichever is greater. 2. SpecialTax B (Contintent) The City Council shall levy Special Tax B (Contingent) only in the event the PoA defaults in its obligation to maintain the Contingent services, which default shall be deemed to have occurred, as determined by the Administrator, in each of the followinB circumstances: (a) The POA files for bankruptcy; (b) The POA is dissolved; (c) The POA ceases to levy annual assessments forthe Contingent Services; or (d) The POA fails to provide the Contingent Services at the same level as the City provides similar services and maintains similar improvements throughout the City and within ninety (90) days after written notice from the city, or such longer period permitted by the city Manager, fails to remedy the deficiency to the reasonable satisfaction of the City Council. City of Menifee Community Facilities District No. 2017-1 (Maintenance Services) 6 Tracts a. Developed Propertv RU 5t,71.4 (i)Maxi um SOe cial Tax B (Cont insent) The Maximum speciar rax B (contingent) for each Assessor's parcer of raxabre property is shownin Table 4 and shall be specific to each rax zone within the cFD. when additionar property is annexed into CFD No. 2017-1, the rate and method adopted for the annexed property shall reflect the Maximum speciar rax B (contingent) for the Tax zones annexed and incruded in Appendix A. The Maximum specialrax B (contingent) for Fiscal year 2018-19 within Tax Zone 1 is identified in Table 4 below: Tax Zone Land Use Cat tY Taxable Unit Maximum Special Tax B Contingent) 1, TR 36299-1 & PM 9504 Single Famil Residential Property RU 5o Multi-Family Residentia I Pro perty So Non Residential Prope rty Acre So (ii)lncrease in the Maxim um Spe cial Tax B (Contingent) On each July 1, commencing on July 1, 2019 the Maximum Special Tax B (Contingent) for Developed Property shall increase by i)the percentage increase in the consumer price index (All Items) for Los Angeles - Riverside - orange county (1982-84 = 1oo) since the beginning of ihe preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. (iii)Multiple Land Use Cate nes ln some instances, an Assessor's parcel of Developed property may contain more than one Land use category. The Maximum speciar rax B (contingent) that can be revied on an Assessor's Parcel shall be the sum of the Maximum speciar rax B (contingent) that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's parcel that contains more than one land use, the Acreage of such Assessor's parcel shall be allocated to each type ofproperty based on the amount of Acreage designated for each rand use as determined by reference to the site plan approved for such Assessor's parcel. The Administrator,s allocation to each type of property shall be final. City of Menifee Community Facilities District No. 2017-1 (Maintenance Services) b. Aooroved Propertv The Maximum special rax B (contingent) for each Assessor's parcel of Approved property shall be specific to each Tax zone within the cFD. when additional property is annexed into cFD No. 2017- 1, the rate and method adopted for the annexed property shall reflect the Maximum specialrax B(contin8ent) for the Tax Zone annexed and included in Appendix A. The Maximum special rax B (Contingent) for Fiscal Year 2018-19 within Tax Zone 1 is identified in Table 5 below: l TABTE 4 MAXIMUM SPECIAT TAX B (CONTINGENT} RATES DEVELOPED PROPERW Tract RU c TABLE 5 MAXIMUM SPECIAT TAX B (CONTINGENT) RATES APPROVED PROPERTY On each July 1, commencing on.July 1, 2019 the Maximum Special Tax B (Contingent) for Approved Property shall increase by i) the percentage increase in the consumer Price lndex (All ltems) for Los Angeles - Riverside - orange county (l^982-84 = Loo) since the beginning of the preceding Fiscal year, or ii) by two percent (2.0%), whichever is greater. Undeveloped Pro perty The Maximum Special Tax B (contingent) for each Assessor's parcel of undeveloped property shall be specific to each rax zone within the cFD. when additional property is annexed into cFD No. 2017- 1, the rate and method adopted for the annexed property shall reflect the Maximum special Tax B(contingent) for the Tax zone annexed and included in Appendix A. The Maximum special rax B (Contingent) for Fiscal Year 20t 8-19 within Tax Zone 1 is identified in Table 6 below: TABLE 6 MAXIMUM SPECIAL TAX B (CONTINGENT) RATES UNDEVELOPED PROPERTY Tax Zone Tracts Taxable Unit Maximum Special Tax B (Contingent) 1 rR 36299-1 & PM 9504 So on each July 1, commencing on luly 1, 2019 the Maximum Special rax B (contingent) for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price lndex (All ltems) for Los Angeles - Riverside - orange county (1982-84 = 1oo) since the beginning of the preceding Fiscal year, or ii) by two percent (2.0%), whichever is greater. D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAT TAX 1. Special Tax A First: The Special Tax A shall be levied Proportionately on all Assessor's Parcels of Developed Property up to 100% of the applicable Maximum special rax A to satisfy the special rax A Requiremenu Second: lf additional moneys are needed to satisfy the Special Tax A Requirement after the first step has been completed, the special rax A shall be levied proportionately on each parcel of Approved City of Menifee Community Facilities District No. 2017-1 (Maintenance Services) 8 Tax Zone Tract [and Use Catego tY Taxable Unit Maximum SpecialTax B Contintent) 1 TR 36299-1 & PM 9504 Sin le Family Residential Prope RU So Multi-Family Residential pro pe rt RU 5o Non-Residential Prope Acre So Acre Commencing with Fiscal Year 2018-19 and for each following Fiscal Year, the City Council shall determine the Special Tax A Requirement for each Tax Zone and shall levy the Special Tax A on all Assesso/s parcels of Taxable Property within such Tax Zone until the aggregate amount of Special Tax A equals the Special Tax A Requirement for such Tax Zone. The Special Tax A shall be levied for each Fiscal yearasfollows: (salrrua5 a:ueualuleN) T-1TOZ .oN lltJtslC satltlnel AlrunuJuJol earruahl lo Altl 'JoleJlsrututpV aqt lq paut[ujalep se uot]f,un] ltlqnd B ]o a3ueluloyad aql u! asn ut aJe qJrq/!\ (^t) Jo lsasn lrlqnd to] A;a1os pap,1sa.r to lq palaqurn3ua elp lnq pau/vto llale^ud aJe qltq,u (,t) lluautespa aqr u! quo] las sasodJnd aql ueql Jaqto Jo, uorlezrlrln .rraq1 lecrperdrur gurler,u sluauasea l1r|1n ro lrlq nd qlrm (r!) :Al[ua f,rlqnd Aue lq asn ur papr]rsar ro lq paraqunlua 'uorlerpap ro] paraJJo Alqelo^ar, 'Aq pau,t^o aip Llltrln\ (t) ls.lossassv lle ,I-ZIOZ -oN Oil urqlt/!t A!edot6 1duax3 se,tlsseli 11eqs A,3 aq1 sNotldntx3.9 .papr^old Eutaq aJE salruas luaturluo3 aql se auo; sp par^al aq llpqs (ruaBurluoJ) g xel leDads aql ,lee^ lpf,stj rllea rol 'papt^oJd tutaq aJe saf,rruas aql se Buol se paraa; aq lleqs V xef lenad5 aq1 ,rea1 ;ecsrl q:ea.ro3 xvr ]vtf,:tds Jo Notwuno .l 'V xrpuJddv ut papnllur pue paxauue uaq/r\ auoz xpl6ql Jo] saleJ xEl lerf,ads unutxel aleudo.lddp aql pauSrsse aq llt/!1 .bas }a 6€E€S uotllas apol lueuula^o9elulollel ol luPnsJnd 'paxeuue aq oI salpadoJd lup 'srslleue s!ql uo paseg .sat,adoJd qlns ol sa:rrua5 Eurprnord JoJ lsol lenuue aql aururalap o] paJpdaJd eq llr^ srsileup ue ,pasodord sr uorlpxauue qlee sV aurl ol aurl ulo.r,I-IIOZ .oN OJI ol paxauue aq ;|laa sarpado.rd leuorltppe leql paledDtlue sr ll sNotrvxlNNv lunrnl '^uedoid padolanapu6 .ro1(lua8urluol) I xe1 le0ads urnrutxey{ eql }o %OOI ol dn Aladord padola^apun }o slalred s.rossessv lleuo llaleuoruodord par^al aq lleqs (luaturluo3) g xel;er:ads oq],palalduol uaaq seq sdals o/$l lsJl] aql JaUe luaruaJtnbau (lua8utluof) g xel lertreds aLll iJsrles ol papaau e.lp satuouJ leuorttppe ll :plq1 :lUadordpairotddy iol (tuaBurluol) I xel lelf,ads urnulxet aql jo %ool ol dn le luadold paro]ddy 1o 1a:re6qrea uo Ilaleuorpodo.rd par^al aq lleqs (luaEutluof) g xe1 lpDads eql ,palalduof, uaaq seq dali 1s.tr1aq1leue lua[!aJrnbau (]ua8ultuof) g xel;er:ad5 aql,lsrles ol papoau aJe sleuout leuorltppe ]l ,FUE5ES lluaulalt nbau (]uagu!luof )I xe1 lerrads aql llsrles o1 (1ua8ur1uo]) g xel ;er:ad5 ulnutxef! alqelrldde aql,o %OOI ol dn Auadordpadola^ac ,o slalJed s,Jossassv lle uo Alalpuotuodo.r6 pariral aq lleqs xel lpDads aq1 :ls.rtt :sir ollol se JBeA lelsrl qf,e3 ro,pal^al aq lleqs (lua8ulluof) Sxetlerladsoqt auozxer qtrnsiolluauieJrnbau (]ue8urluof) gxerlepadsaql slenba (lua8ulluof) g xel lertrads,o lunoure aletaJ88e aql ltun euoz xel qlns utqlrm luadojdalqexel lo slaf,Jed s.Jossassv lle uo xel lprf,ads aql l^el lleqs pue ,Aue Jr ,auoz xel qlea JoJ luautarrnbag(lua8urluof) I xef lpltads aql eutujatap lleqs lDUnof Alll aqt,Jea^ lersr1 Aur,raol;o1 q:ea roipue par^al eq ol pazltotllne st (1ua8ut1uo3) g xe1 lPtlads qlrq^ ur JBal letrsrJ lsr,r aql qlr^^ BurruauJu./ol (luatutluof,) g xe1 ;e;tadg 'Auadold padola^apun lo1 V xe1 ;er:ad5 ulnulxey{ aqr }o %OOT o} dn Auadord padola^epun ]o slaf,Jed s/Jossassv;;e uo llaleuorpodoJd par^al eq lleqs V xel lertreds aql ,palalduloJ uaaq seq sdalsom) lslu aqt Jaup luetuaJrnbau v xpl lpDads aql &srles ol papaau ere saruoru leuoruppe jl :Fl!!f :luadold pa^oJddv roJ V xel lerJads unujtxeN aql,o %OOI ol dn ]e AUadoJd l z 6 H. APPEATS Any property owner claiming that the amount or application of the special Taxes are not correct may filea written notice of appeal with the city not later than twelve months after having paid the first installment of the special rax that is disputed. The Administrator of cFD No. 2orz-i shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount ofthe special Tax, and rule on the appeal. lf the Administrator's decision requires that the special Tax for an Assessor's parcel be modified or changed in favor of the property owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that Assessor,s Parcel in the subsequent Fiscal year(s). I. MANNER OF COTLECTION The Special Tax shall be collected in the same manner and at the same time as ordinary ad valoremproperty taxes, provided, however, that CFD No. 2017-L may collect the Special Tax at a different time or in a different manner if necessary to meet its financial obligations. City of Menifee Community Facilities District No, 2017-1 (Maintenance Services) 10 APPENDIX A CITY OF MENIFEE coMMUNtTy FACtUTtES DtSTRtCT NO. 2017_1 (MATNTENANCE SERVTCES) COST ESTIMATE special rax A services The estimate breaks down the costs of providing one year,s maintenance services for Fiscal Year 2021-22. These services are being funded by the levy of special rax A for Community Facilities District No. 2017-1 Tax Zone 9. TAX ZONE 9 (SERV|CES) TTM 37400 Ite m Description Estimated Cost 1,La ndsca tn s 18,13 9 2 Lighting s 10,s66 3 Streets S30,862 4 Dra in e 518,061 5 Parks s33,03 2 6 G raffiti ssso 1 Reserves S s,313 8 Ad ministration 5s,595 sL22,229 Special rax B contingent services - There are no maintenance services proposed to be funded by the levy of Special Tax B (Contingent) for Community Facilities District No. 20L7-1 Tax Zone 9. TAX ZONE 9 FY 2O2T.22 MAXIMUM SPECIAL TAX RATES Land Use Category Taxable Unit Maximum Special Tax A Maximum Special Tax B Developed Approved U ndeveloped RU RU Acre S7o3 s703 S3,804 So So So City of Menifee Community Facilities District No. 2017-1 (Maintenance Services) 11 Total MAXIMUM SPECIAT TAXES ASSIGNED TO EACH TAX ZONE ESCATATION OF MAXIMUM SPECIAL TAXES on each July 1, commencing on July 1, 2019 the Maximum special rax shall increase by i) the percentage increase in the consumer price lndex (All ltems)for Los Angeles - Riverside - orange county (7982-84 = 100) since the beginning of the preceding Fiscal year, or ii) by two percent (2.0%), whichever is greater. City of Menifee Commu nity Facilities District N o. 2077 -l (Maintena nce Services) Tax Zone Fiscal Year lncluded Tract No. of Taxable Units Land Use Category Taxable U nit Maximum SpecialTax A Maxlmum Special Tax B (Contingent)Subdivider 1 2018 19 36299-1 & PM 9504 SFR RU s 1s8 so Stark Menifee Land, LLC 548 MFR RU s1s8 so Stark Menifee Land, LLC & Menifee Multifamily, LIC 21 .68 NR Acre Sr,7 74 Several 2 2020 21,rR 37576 65 RU ss39 s43 Meritage Homes 3 TR 28859 161 RU 5727 So Woodside O5s 4 2020 2t TTM 31098 258 SFR RU S878 so Lennar Homes of California, lnc. 5 2020.27 TTM 35852 58 SFR RU sTss s1s1 Strata Holland, LLC 6 To Be Determined To 8e Determ ined7 202t 22 TR 32102 & TR 32102-1 256 SFR RU 567 4 so Diamond Brother Five Partnership, LP and Pulte Home Company, LLC 9 2021-22 TTM 37400 774 SFR RU s703 so D.R.Horton Los Angeles Holding Company, lnc. 12 426 So 5FR 2020 2),SFR 8 APPENDIX B (a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or ad.iacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public siSnage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and (b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanu p to improvements, and other items necessary for the maintenance and servicing of the water quality basin improvements within flood control channel improvements; and (c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2017-1; as well as local roads within residential subdivisions located within CFD No. 2OL7 -l; and any portions adjacent to the properties within CFD No. 2017-1; and ln addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay "Administrative Expenses," as said term is defined in the Rate and Method of Apportionment. The above services may be flnanced by proceeds of the special tax of CFD No. 2017-1 only to the extent that they are in addition to those provided in the territory of CFD No. 2017-1 before CFD No. 2017-1was created or those provided in the territory annexed to CFD No. 2017-L before the territory was annexed, as applicable. City of Menifee Community Facilities District No. 2017-1 (Maintenance Services) 13 CITY OF MENIFEE coMMUNTTY FACtLtTtES DtSTRtCT NO. 2017-1 (MATNTENANCE SERVtCES) DESCRIPTION OF AUTHORIZED SERVICES The services which may be fu nded with proceeds of the special tax of CFD No. 2017-1, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas {may include reserves for replacement) in public street right-of-way, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services includ ing the following: EXHIBIT D ANNEXATION AND POTENTIAL ANNEXATION BOUNDARY MAPS THIs MAP 5HOW5 TH' sOUNDARIES OF AREA5 IO SE ANNEXED TO COMMUNIIT FACITITIES OISTRCT NO. 2017.1 (MAINTENANCT SENVE$), OF THE CITY OF MENIFEE, COUNTY OF RVEq'OE, STATT OF CILIFORNIA. ANNEXATION MAP NO. 9 COMMUNITY FACILITIES DISTRICT NO. 2017.1 (MATNTENANCE SERVTCES) CITY OF MENIFEE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA THE HOUfl OF _ OatOCX M t BOOi OF MAPS OF AsSESSMENT ANO COMM!NIIY FACILiIIE orslRrcrs AT PAGE _ lN rHE OFFTCa OF rHE COUNTY RECORDER, IN THI COUNTY OF RVERSDE, SNEEIlOFISI,]EET 20 ATF]LEO THIS _ oAY Of fEE _ NO IHE BOUNOARIES OF WHICH COMMUNITY FAC LITIES OISTqICI ARE SHOWN ANO OESCRIBEO ON TI]E MAP THEREOF WHICH WAS PREVIOUSLY RECORDEO ON NOVEMSER 7, 2017 IN BOO( 81 OF MAPS OF AsSESSMENT ANO COMMUNITY FAC1TTIES OISTFICT AT PAGE 69 AND AS INSTRUMENT NO 20170465705 IN IHE OFFICE OF THE COUNIY RECORDER OF TNE COUN-TY OF f,IVERSIDE, STATE OF CAL FORIIIA, I H €REAY CERTIFY THAT THE W THIN MAP sHOWING PROPOsEO 6OUNDARIES OF COMMUNITY FACILIIIES OIsTR CT NO. 2017-1 {MATNTENANCE SERVTCES), Or IrE Crry OF MENlFtt, COUNTY OF RIVERsIDE, STATE OT 'AIIFORNIA, WAs APPROVED 8Y TI]E CTY COUNCL OF -THE CITY OF MENIFEE AT A REGIJLAR MEETING THEREOI HELD ON - OAY OF - 20- 8Y II5 NESOLUTION NO. PEIIN ALOANA, ASsEsIOR, COUNTY CT€RK. RECO(OER BY: IIlffirmrl=n Frl.l -t arn la#lt C TY ClEiK C IY Of MENIFEE J E l E -- Itr urrr_rt=r L-! FILEO N THT OFFICE OF THE C TY CLEflK, CITY OF MENIFTE,THIs 20_.ffiffi H]I CITY CLERX +l LEGEN it I1 1 t.\-t -+\ s t. o MEN IF EE (t fe) 4 9 l!l! l& s8€El 1 OF 'T r HtitBy (tRTrFY THAT THI WrTHrn MA' 5HOWIlr6 pnOPOSaD 0outDARtE50t PottNIAt Al{'lfxaTror Aa oF coMMuttw ,Acrlfrts osTStcr r{o 2t 17.! IMArrfNAirct s€Rvrcts). oIY ot MtNrfEt.cout{Tr of irv!RsrDt, STATI oa carlFoRt{ra, wA9 APPiOVEO A! flf CrtY aOUtOr Or rHl CrrY OF MtrlrFta Ar A RIGUIAB ME€ING THIRIOI. HIIO OX I* DAY Of Nffi/2011. BY f,ErOrUrON NO. 11- lr5' BOUNDARIES - POTENTIAL ANNEXATION AREA COMMUNITY FACILITIES DISTRICT NO. 2017.,I (tUATNTENANCE SERVTCES) CITY OF MENIFEE, COUNTY OF RIVERSIOE, STATE OF CALIFORNIA Rtconoao rx6 -15Ar oF $brr{l,.- .ro.laar THr Hour or !.!EI octocr it:n eoor 3LpAot :IL or MApi of A55t55MttT Ar{o coMMU{rw aacruIrt9 orsrFrcTs rN THE otftct oF lrt couNw Rtcoioli, rN tHl cor,rNlY of irvlRsrot,5taTt or Frr: {ro-m ro. ?t r-'r {{h6'r0-7 ,TTTR ATOANA, A55E55OR, COUNTY CLTi( FECOFOIi aLti(&"tux9^-;--r otPUF--\ nLto tN rxt offlct ot rHt crrycttRr,crftot MErrftt nrls 2' o^Y oFtld.bz., 2oll cLti( oF Mtrirrtt I I ----1 _l*V F-- \ @ Legend + .:*g in - ANNEXAT ON aREA BOUNDARY t, \ \,1 I l" t ; -l \ I NOtJ.[3d S LtEtHxf PETITION TO THE CITY COUNCIL OF THE CITY OF MENIFEE REQUESTING ANNEXING TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 2017.I (MAINTENANCE SERVICES) OF PROPERTY WITHIN THE CITY OF MENIFEE ANDA WAIVER WITH RESPECTS TO CERTAIN PROCEDURAL MATTERS UNDERTHE MELLO.ROOS COMMUNITY FACILITIES ACT OF 1982 AND CONSENTING TO THE LEVY OF SPECIAL TAXES THEREON TO PAY THE COSTS OF SERVICES TO BE PROVIDED BY THE COMMUNITY FACILITIES DISTRICT 6. The undersigned hereby consents to and exprsssly waives any and all claims based on any irregularity, error, mistake or departure from the provisions oi the Act or other laws of the State and any and all laws and requirements incorporated therein, and no step or actlon in any proceeding relative to annexing terntory into Community Facilities Oistrict No. 2017-1 of the portion of the incorporated l The undersigned requests that the City Council of the City of Menjfee, initiale and conduct proceedings pursuant to the Mello-Roos community Facilities Act of 19si (the ,,Act,,) (Govemment code section- 53311 et seq.), to annex territory into community Facilities Districi No. 2017-1 (Maintenance. Services) of the property described below and mnsenti to the annual levy of special taxes on such property to pay the costs ofservices to be provided by the community Facilities District. 2 The undersigned requests that the community facilities diskict provide any services lhat are permitted under the Act including, but not limited to, ill necessary servlce, operations, admrnistration and maintenance required to keeI the landscape lighting, street liihting, traffii s(-nas,flood control facilities, ground cover, shrubs, plants and kees, -inigi'lion systeirs, lraffiti reriovat,sidewalks and masonry walls, fencing entry monuments, lot lot equipirent .nd .r.o.i.Lo appurtenant {acilities within the district in a healthy, vigorous and satisfactory working condition, 3 The undersigned hereby certifies that as of the date indicated opposite itssignature, it is the owner of all the prope(y within the proposed boundaries of the Community Facilities District described in Exhibit A hereto and as shown on the map Exhibit B hereto. 4. The undersigned requests that a speciar erection be herd under the Act to authorize the special taxes for the proposed annexation into Community Facilities District No. 2017-l The undersigned waives any requiremenl for the mailing of the ballot for the special election and expressly agrees that said election may be conducted by mailed or hand-delivered ballot io be returned as quickly aspossible to the designated election officiat, being the offlce of the city cterk and the undersijned request that the results of said election be canvassed and reporled to ihe city council at the ime meeting of the City Council as the publlc hearing on annexing territory into Community Facilities District No. 2017-1 or at the next available meeting. 5 Pursuant to Sections 53326(a) and 5332i(b) of the Act, the undersigned expressly waives all applicable waiting periods for the election and waives the requirement foi analysis and arguments relating to the special election, and consents to not having such materials provide'd to the landownel in the ballot packet, and expressly waives any requirements is to the form of the ballot. The undersigned expressly watves all notice requirements relating to hearings and special elections (except for published notices required by the Act), and whether such requirements ire found in the Californii Elections Code, the California Government Code or other laws or procedures, including but not limited to any notice provided for by compliance with the provisions of sectron 4101 of the california Electrons code. aslua[! Jo ,qtc aql lo lrcunoS Arc oql Jo ilalc ,qrc lo lvo - stHlltjtNlt'l l0 lltc lH1l0 13Nn0c lLtc lHl JO )tultC lllc 3H.t Jo SctJJO lHt Nt ollj oo -lr Ji \ o)tu :SS]UCCV ENIIIVI^I S.U]NMO AhLl oNrcltoudro'0N dvyl]lcuvd uo dvti! I3w1 AlUldoud s,ulNMo +rqPr_ur?X?)n\^f rsa){?r!n:allt_t auBN lg lurHruroorun Jo 3tryvNl c -02'- 10,(ep - srql pueq,(tu 1es oyunataq I ,lOlUlHM SSlNllM Nl ,(q poresJr? 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I !i. ii I I I I I!i t; :r I a .t ( EXHIBIT F NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING ON RESOLUTION OF INTENTION TO ANNEX TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT NO. 2017.1 (MATNTENANCE SERVICES) (ANNEXATTON NO. 9) NOTICE lS HEREBY GIVEN that the City Council of the City of lvlenifee on July 21, 202'l adopted its Resolution No. 2021--, in which it declared its intention to annex territory to existing Community Facilities District No. 2017-'1 (Maintenance services) (the "cFD No. 2017-i"), and to tevy a speciat tax to pay for certain maintenance services, all pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, chapter2.5, Part'1, Division 2, Title 5 of the california Government code. The resolutaon describes the territory to be annexed and describes the rate and method of apportionment of the proposed special tax. No change in the tax levied in the existing CFD No. 2017-1 is proposed. NorlcE ls HEREBY FURTHER GtvEN that the city councit has fixed 6:00 p.m., or as soon thereafter as practicable, wednesday, september 1 , 2021 in the city council chambers located at 29944 Haun Road, Menifee, California 92586, as the time and place when and where the City Council wall conduct a public hearing on the annexation of te(itory to CFD No. 2017-1. At the hearing, the testimony of all interest persons for or against the annexation of the territory or the levying of the special taxes will be heard. lf and to the extent participation in the septembet 1, 2021 meeting must occur by teleconference, videoconference, or other electronic means authorized by the Ralph M. Brown Act or an Executive Order of the Governor of California, the means and methods for participating the meeting shall be posted on the Agenda for said meeting, which shall be posted at least 72 hours prior to the meeting on the City of Menifee (www.cityofmenifee. us), and outside of city Hall at 29844 Haun Road, Menifee, california g2596. A copy of the Agenda will be made available upon request to the Menifee City Clerk's office al951-723-3471. DATED 2021 City Clerk of the City of Menifee PUB: _,2021 EXHIBIT G BALLOT CITY OF MENIFEE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA coMMUNtTy FAC|L|IES DtSTR|CT NO. 2017_1 (MATNTENANCE SERVTCES) ANNEXATION NO.9 (September 1,20211 This ballot is for the use of the authorized representative of the following owner of land within communrty Facilities District No. 2017-1 (Maintenance Services) ("cFD No. zo17-1") of the city of Menifee: Name of andowner D.R. Horton Los Angeles Holding Company, lnc. Mail Delivery: 48 According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the city council (the "council") of the city of Menifee (the "city"), the above-named landowner is entitled to cast the number of votes shown above under the heading "Total votes,,, representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax. This special tax ballot is for the use of the property owner of the parcels identified below, whichparcels are located within the territory proposed to be annexed to the cFD No. 2017-1, city of Menifee, county of Riverside, state of california. please advise the city clerk , al (gs1) 6i2-6727 if the name set forth below is incorrect or if you are no longer one of the owners oi theie parcels. This special tax ballot may be used to express either sufport for or opposition to the pioposed special tax. To be counted, this special tax ballot must be signed below by the ownei or, if tne owner is not an individual, by an authorized representative of the owner. The ballot must then be delivered to the City Clerk, either by mail or in person, as follows: Personal Delivery: lf by mail, place ballot in the return envelope provided, and mail no later than Auqust 18, 2021, two calendar weeks prior to the date set for the election. Mailing later than this deadline creates the risk that the special tax ballot may not be received in time to be counted. lf in person, deliver to the City Clerk at any time up to 5:00 p.m. on September 1, 2021, atthe Clerk's office at 29844 Haun Road, City of Menifee, CA 92586. However delivered, this ballot must be received by the clerk prior to the close of the public meeting on September 1 . 2021 . Very truly yours, Sarah lvlanwaring City Clerk City of Menifee Number of Acres Owned 47 .07 Total Votes ro cAs T THIS BALLO PLEASE RETU RN TH,IS ENTIRE PAGE. OFFICIAL SPECIAL TAX BALLOT CITY OF IVENIFEE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA COMI\ilUNtTY FACtLtTtES D|STR|CT NO 2017-1 (MATNTENANCE SERVTCES) AN 'X" OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT Certifi cation for Soecial El ion Ballot The undersigned is an authorized representative of the above-named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above-named landowner. I declare under penalty of perjury under the laws of the true and correct, and that this declaration is executed on State of Californ ia that the foregoing is 20 D.R. Horton Los Angeles Holding Company, Inc Barbara Murakami Vice President Name & Address of Pro perty Owner:Assessor's Parcel Numbe S D.R. Horton Los Angeles Hotding Company, lnc. Attn: Barbara Murakami 2280 Wardlow Circle, Ste. 100 Corona, CA 92880 331-080-005 331-080-008 331-080-01 1 331-080-019 331-080-024 331-080-028 331-080-006, 331 -080-007, 331 -080-009, 331 -080-01 0, 331 -080-01 2, 331 -080-01 8, 331 -080-020, 331 -080-021, 331-080-025, 331 -080-027, and SPE CIAL TAX BALLO T MEASURE Shall the City Council of the City of Menifee be authorized to levy a special tax on an annual basis at the rates and apportioned as described in Exhibit C to the Resolution Declaring its lntention to Annex territory to Community Facilities District No. 2017-1 (Maintenance Services) adopted by the City Council on July 21, 2021 (lhe "Resolution"), which is incorporated herein by this reference, within the territory identified on the map entifled "Annexation Map No. 9 of Community Facilities District No. 2017-1 (Maintenance Services) City of Menifee" to finance certain services as set forth in Section 5 to the Resolution (including incidental expenses), and shall an appropriation limit be established for the Community Facilities District No.2017-1 (Maintenance Services) in the amount of special taxes collected? YES NO Print Name Signature MARK'YES" OR'NO' WTH AN "X": Section 'l 1.of Public Heari The City Clerk is hereby directed to publish, or cause to be published, a notice of said public hearing, in substantially the form attached hereto as Exhibit F, one time in a newspaper of general circulation published in the area of CFD No. 2017-1. The publication of said notice shall be completed at least seven days prior to the date herein fixed for said hearing. Said notice shall contain the information prescribed by Section 53339.4 ofthe Act. Section 12. Mailinq Ballots. In anticipation of its action on Wednesday, September 1,2021,to call the election on the annexation for the same date, pursuant to waiver of election time limits from the landowners, the City Council hereby authorizes the City Clerk to mail to each landowner in the territory proposed to be annexed to the CFD No. 2017-1 a ballot in substantially the form set forth in Exhibit G hereto. A copy of the waiver and consent form signed by the property owner is attached hereto as Exhibit E and incorporated herein by this reference. Section 13.Authorization to Take Action. The officers, employees and agents of the City are hereby authorized and directed to take all actions and do all things which they, or any of them, may deem necessary or desirable to accomplish the purposes of this Resolution and not inconsistent with the provisions hereof. Section 14.Effective Date. This Resolution shall take effect immediately upon its adoption PASSED AND ADOPTED by the City Council of the City of Menifee at a regular meeting held on this 21st day of July, 2021. ATTEST:APPROVED: .-) \ \,/ S ta A. Ma tng,ity Cl APPROVED AS TO FORM: 6 T. Melching, C rney \_-./ Bi Zi v(J"Mayor 3 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF MENIFEE Ayes: Deines, Karwin, Sobek, Zimmerman Noes: None Absent: Liesemeyer Abstain: None rah A. Ma fl ng,City Cl SS ) ) ) l, Sarah A. Manwaring, City Clerk of the City of Menifee, do hereby certify that the foregoing Resolutlon No. 21-1054 was duly adopted by the City Council of the City of Menifee at a meeting thereof held on the 21st day of July 2021 by the following vote: