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23-1329RESOLUTION NO. 23-1329 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2023-1 (ROCKPORT RANCH) OF THE CITY OF MENIFEE CERTIFYING ELECTION RESULTS WHEREAS, the City Council of the City of Menifee called and duly held an election on June 7, 2023 within the boundaries of Community Facilities District No. 2023-1 (Rockport Ranch) of the City of Menifee ("Community Facilities District No. 2023-1" or the "District") pursuant to Resolution Nos. 23-1327 and 23-1328 for the purpose of presenting to the qualified electors within the District Propositions A, B and C, attached hereto as Attachment A; and WHEREAS, there has been presented to this City Council a certificate of the City Clerk or Acting City Clerk (referred to herein as the "City Clerk") canvassing the results of the election, a copy of which is attached hereto as Attachment B; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Menifee, California: Section 1. Each of the above recitals is true and correct and is adopted by the legislative body of the District. Section 2. Propositions A, B and C presented to the qualified electors of the District on June 7, 2023 were approved by more than two-thirds of the votes cast at said election and Propositions A, B and C each has carried. The City Council, acting as the legislative body of the District, is hereby authorized to levy on the land within the District the special tax described in Proposition B for the purposes described therein and to take the necessary steps to levy the special tax authorized by Proposition B and to issue bonds in an amount not to exceed $23,000,000 specified in Proposition A. Section 3. The City Clerk is hereby directed to record in the Assessor -County Clerk - Recorder's office of the County of Riverside within fifteen days of the date hereof a notice of special tax lien with respect to the District which Bond Counsel to the District shall prepare in the form required by Streets and Highways Code Section 3114.5. 4854-2185-3779v4/200299-0015 Resolution to Certifying Election Results for CFD 2023-1 (Rockport Ranch) Section 4. This Resolution shall be effective upon its adoption. PASSED, APPROVED AND ADOPTED this 7th day of June, 2023. Bill Zimmerman, Mayor Attest: Stephanie Roseen, Acting City Clerk Approv as to form: Jeffrey T. Melching, Cit A rney 4854-2185-3779v4/200299-0015 ATTACHMENT A BALLOT PROPOSITIONS COMMUNITY FACILITIES DISTRICT NO. 2023-1 (ROCKPORT RANCH) OF THE CITY OF MENIFEE SPECIAL TAX AND SPECIAL BOND ELECTION June 7, 2023 PROPOSITION A: Shall Community Facilities District No. 2023-1 (Rockport Ranch) of the City of Menifee (the "District") incur an indebtedness and issue bonds in the maximum principal amount of $23,000,000, with interest YES at a rate or rates not to exceed the maximum interest rate permitted by law, to finance the Facilities and the NO_ Incidental Expenses described in Resolution No. 23- 1315 of the City Council of the City of Menifee? PROPOSITION B: Shall a special tax with a rate and method of apportionment as provided in Resolution No. YES 23-1315 of the City Council of the City of Menifee be levied to pay for the Facilities, Incidental Expenses and NO_ other purposes described in Resolution No. 23-1315, including the payment of the principal of and interest on bonds issued to finance the Facilities and Incidental Expenses? PROPOSITION C: For each year commencing with Fiscal Year 2023-24, shall the appropriations limit, as YES defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, for Community Facilities NO_ District No. 2023-1 be an amount equal to $10,000,000? 4854-2185-3779v4/200299-0015 WAIVER OF CERTAIN ELECTION PROCEDURES WITH RESPECT TO LANDOWNER ELECTION FOR COMMUNITY FACILITIES DISTRICT NO. 2023-1 (ROCKPORT RANCH) OF THE CITY OF MENIFEE The undersigned, acting on behalf of the Lennar Homes of California, LLC, a California limited liability company (the "Owner"), hereby certifies to the City of Menifee (the "City"), with respect to the proposed formation of Community Facilities District No. 2023-1 (Rockport Ranch) of the City of Menifee (the "District"), as follows: 1. The undersigned has been duly authorized by the Owner and possesses all authority necessary to execute this Waiver on behalf of the Owner in connection with the election to be called by the City Council of the City with respect to the District. The Owner hereby appoints Mark Torres to act as its authorized representative to vote in the election referred to herein and certifies that his t e and exacts re is set forth below: Signature of Mark Torres: 2. The Owner is the present owner of approximately 9.89 acres of land located within the proposed boundaries of the District. To the actual knowledge of the undersigned, there are no registered voters residing within the territory owned by the Owner and have been none during the 90-day period preceding June 7, 2023. 3. The Owner has received notice of the June 7, 2023 public hearing to be held by the City Council of the City regarding the levy of a special tax in the District and the incurring of bonded indebtedness by the District. The Owner agrees that it received adequate notice of the June 7, 2023 hearing. 4. The Owner has received from the City and the City has made available to the Owner necessary and relevant information regarding the proposed formation of the District and the imposition of the special tax and the issuance of bonded indebtedness, as set forth in Resolution Nos. 23-1315 and 23-1316 adopted by the City Council on May 3, 2023 (together, the "Resolutions") to finance the facilities as set forth in the Resolutions. 5. The undersigned understands that if the District is formed on or after June 7, 2023, an election will be held by the District on the propositions set forth in the sample ballot attached hereto as Exhibit "A" less than 90 days after the close of the June 7, 2023 public hearing as in accordance with Section 53326 of the Government Code, without the preparation of an impartial analysis, arguments or rebuttals concerning the election as provided for by Elections Code Sections 9160 to 9167, inclusive, and 9190 and without preparation of a tax rate statement as provided in Section 9401 of the Elections Code and without further notice of such election as required pursuant to the Elections Code or the Government Code. Having been fully advised with respect to the election, in accordance with the authority contained in Government Code Sections 53326 and 53327, the Owner waives compliance with the foregoing provisions of the Elections Code and Government Code, with any time limits or other procedural requirements pertaining to the conduct of the election which are not being complied with and consents to having the election on any date on or after the close of the June 7, 2023 public hearing and consents to the closing of the election as soon as all ballots are received by the City Clerk. 4890-3960-6627v2/200299-0015 6. The undersigned hereby represents that compliance with the procedural requirements for conducting the election, including the receipt of any ballot arguments and impartial analysis and the time limitations which apply in connection with scheduling, mailing and publishing notices for such an election, are unnecessary in light of the fact that the undersigned has received sufficient information regarding the imposition of the special tax and the issuance of bonded indebtedness as set forth in the Resolutions to allow it to properly complete the attached ballot. The Owner further waives its right to make any protest or complaint or undertake any legal action challenging the validity of the election, the validity of any bonded indebtedness issued by the District as approved at the election, or the validity of the authorization to levy the special tax to finance facilities for the benefit of the District or to repay bonded indebtedness issued by the District provided such levy is in accordance with the rate and method of apportionment of special taxes provided in Resolution No. 23-1315 of the City Council of the City. Dated: May 30, 2023 LENNAR HOMES OF CALIFORNIA, LLC, a CaliforniaAimited liability By: ��- Name: rr S \\ll Title: V�� Presdeyr�- 2 4890-3960-6627v2/200299-0015 COMMUNITY FACILITIES DISTRICT NO. 2023-1 (ROCKPORT RANCH) OF THE CITY OF MENIFEE SPECIAL TAX AND SPECIAL BOND ELECTION June 7, 2023 You are entitled to cast 10 votes. To vote, stamp a cross (+ or X) in the voting square after the word "YES" or after the word "NO". All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void. If you wrongly mark, tear, or deface this ballot, return it to the City Clerk and obtain another. PROPOSITION A: Shall Community Facilities District No. 2023-1 (Rockport Ranch) of the City of Menifee (the "District") incur an indebtedness and issue bonds in the maximum principal amount of $23,000,000, with interest YES at a rate or rates not to exceed the maximum interest rate permitted by law, to finance the Facilities and the NO Incidental Expenses described in Resolution No. 23-1315 of the City Council of the City of Menifee? PROPOSITION B: Shall a special tax with a rate and method of apportionment as provided in Resolution No. YES 23-1315 of the City Council of the City of Menifee be levied to pay for the Facilities, Incidental Expenses and NO other purposes described in Resolution No. 23-1315, including the payment of the principal of and interest on bonds issued to finance the Facilities and Incidental Expenses? PROPOSITION C: For each year commencing with �/ Fiscal Year 2023-24, shall the appropriations limit, as YES X defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, for Community Facilities NO District No. 2023-1 be an amount equal to $10,000,000? Lermar Homes of California, LLC 4874-6228-6435v1/200299-0015 WAIVER OF CERTAIN ELECTION PROCEDURES WITH RESPECT TO LANDOWNER ELECTION FOR COMMUNITY FACILITIES DISTRICT NO. 2023-1 (ROCKPORT RANCH) OF THE CITY OF MENIFEE The undersigned, acting on behalf of the AG EHC II (LEN) CA 1, L.P., a Delaware limited partnership (the "Owner"), hereby certifies to the City of Menifee (the "City"), with respect to the proposed formation of Community Facilities District No. 2023-1 (Rockport Ranch) of the City of Menifee (the "District"), as follows: 1. The undersigned has been duly authorized by the Owner and possesses all authority necessary to execute this Waiver on behalf of the Owner in connection with the election to be called by the City Council of the City with respect to the District. The Owner hereby appoints Steven S. Benson to act as its authorized representative to vote in the election referred to herein and certifies that his true and xact signature is set forth below: Signature of Steven S. Benson: �� 0 •- _ 2. The Owner is the present owner of approximately 29.88 acres of land located within the proposed boundaries of the District. To the actual knowledge of the undersigned, there are no registered voters residing within the territory owned by the Owner and have been none during the 90-day period preceding June 7, 2023. 3. The Owner has received notice of the June 7, 2023 public hearing to be held by the City Council of the City regarding the levy of a special tax in the District and the incurring of bonded indebtedness by the District. The Owner agrees that it received adequate notice of the June 7, 2023 hearing. 4. The Owner has received from the City and the City has made available to the Owner necessary and relevant information regarding the proposed formation of the District and the imposition of the special tax and the issuance of bonded indebtedness, as set forth in Resolution Nos. 23-1315 and 23-1316 adopted by the City Council on May 3, 2023 (together, the "Resolutions") to finance the facilities as set forth in the Resolutions. 5. The undersigned understands that if the District is formed on or after June 7, 2023, an election will be held by the District on the propositions set forth in the sample ballot attached hereto as Exhibit "A" less than 90 days after the close of the June 7, 2023 public hearing as in accordance with Section 53326 of the Government Code, without the preparation of an impartial analysis, arguments or rebuttals concerning the election as provided for by Elections Code Sections 9160 to 9167, inclusive, and 9190 and without preparation of a tax rate statement as provided in Section 9401 of the Elections Code and without further notice of such election as required pursuant to the Elections Code or the Government Code. Having been fully advised with respect to the election, in accordance with the authority contained in Government Code Sections 53326 and 53327, the Owner waives compliance with the foregoing provisions of the Elections Code and Government Code, with any time limits or other procedural requirements pertaining to the conduct of the election which are not being complied with and consents to having the election on any date on or after the close of the June 7, 2023 public hearing and consents to the closing of the election as soon as all ballots are received by the City Clerk. 4857-0490-3763v5/200299-0015 6. The undersigned hereby represents that compliance with the procedural requirements for conducting the election, including the receipt of any ballot arguments and impartial analysis and the time limitations which apply in connection with scheduling, mailing and publishing notices for such an election, are unnecessary in light of the fact that the undersigned has received sufficient information regarding the imposition of the special tax and the issuance of bonded indebtedness as set forth in the Resolutions to allow it to properly complete the attached ballot. The Owner further waives its right to make any protest or complaint or undertake any legal action challenging the validity of the election, the validity of any bonded indebtedness issued by the District as approved at the election, or the validity of the authorization to levy the special tax to finance facilities for the benefit of the District or to repay bonded indebtedness issued by the District provided such levy is in accordance with the rate and method of apportionment of special taxes provided in Resolution No. 23-1315 of the City Council of the City. Dated: May , 2023 AG EHC II (LEN) CA 1, L.P., a Delaware li � ed part n ship By: !;�� Steven S. Benson, the manager of Essential Housing Asset Management, LLC, an Arizona limited liability company, the Authorized Agent of AG EHC II (LEN) CA 1, L.P. 2 4857-0490-3763v5/200299-0015 EXHIBIT A SAMPLE BALLOT COMMUNITY FACILITIES DISTRICT NO. 2023-1 (ROCKPORT RANCH) OF THE CITY OF MENIFEE SPECIAL TAX AND SPECIAL BOND ELECTION June 7, 2023 PROPOSITION A: Shall Community Facilities District No. 2023-1 (Rockport Ranch) of the City of Menifee (the "District") incur an indebtedness and issue bonds in the maximum principal amount of $23,000,000, with interest YES at a rate or rates not to exceed the maximum interest rate permitted by law, to finance the Facilities and the NO_ Incidental Expenses described in Resolution No. 23- 1315 of the City Council of the City of Menifee? PROPOSITION B: Shall a special tax with a rate and method of apportionment as provided in Resolution No. YES 23-1315 of the City Council of the City of Menifee be levied to pay for the Facilities, Incidental Expenses and NO_ other purposes described in Resolution No. 23-1315, including the payment of the principal of and interest on bonds issued to finance the Facilities and Incidental Expenses? PROPOSITION C: For each year commencing with Fiscal Year 2023-24, shall the appropriations limit, as YES defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, for the District be an amount NO_ equal to $10,000,000? A-1 4857-0490-3763v5/200299-0015 COMMUNITY FACILITIES DISTRICT NO. 2023-1 (ROCKPORT RANCH) OF THE CITY OF MENIFEE SPECIAL TAX AND SPECIAL BOND ELECTION June 7, 2023 You are entitled to cast 30 votes. To vote, stamp a cross (+ or X) in the voting square after the word "YES" or after the word "NO". All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void. If you wrongly mark, tear, or deface this ballot, return it to the City Clerk and obtain another. PROPOSITION A: Shall Community Facilities District No. 2023-1 (Rockport Ranch) of the City of Menifee (the "District") incur an indebtedness and issue bonds in the maximum principal amount of $23,000,000, with interest YES at a rate or rates not to exceed the maximum interest rate permitted by law, to finance the Facilities and the NO Incidental Expenses described in Resolution No. 23-1315 of the City Council of the City of Menifee? PROPOSITION B: Shall a special tax with a rate and method of apportionment as provided in Resolution No. YES 23-1315 of the City Council of the City of Menifee be levied to pay for the Facilities, Incidental Expenses and NO other purposes described in Resolution No. 23-1315, including the payment of the principal of and interest on bonds issued to finance the Facilities and Incidental Expenses? PROPOSITION C: For each year commencing with Fiscal Year 2023-24, shall the appropriations limit, as YES defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, for Community Facilities NO District No. 2023-1 be an amount equal to $10,000,000? AG EHC I1 (LEN) CA 1, L.P. 4858-0239-0627v1/200299-0015 ATTACHMENT B CERTIFICATE OF CITY CLERK AS TO THE RESULTS OF THE CANVASS OF THE ELECTION RETURNS I, Stephanie Roseen, Acting City Clerk of the City of Menifee, do hereby certify that I have examined the returns of the Special Tax and Bond Election for Community Facilities District No. 2023-1 (Rockport Ranch) of the City of Menifee (the "City"). The election was held in the City Council Chambers, 29844 Haun Road, Menifee, California, on June 7, 2023. 1 caused to be delivered ballots to each qualified elector. wo (,2-) ballots were returned. I further certify that the results of said election and the number of votes cast for and against Propositions A, B and C are as follows: PROPOSITION A YES: 2- NO: 0 TOTAL: 'L Dated this 71h day of June, 2023. PROPOSITION B YES: ?— NO: W TOTAL: Z PROPOSITION C YES: y NO: TOTAL: Z 1 �,,S ie Roseen, Acting City Clerk City of Menifee 4854-2185-3779v4/200299-0015 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF MENIFEE ) I, Stephanie Roseen, Acting City Clerk of the City of Menifee, do hereby certify that the foregoing City Council Resolution No. 23-1329 was duly adopted by the City Council of the City of Menifee at a meeting thereof held on the 71h Day of June 2023 by the following vote: Ayes: Deines, Estrada, Karwin, Sobek, Zimmerman Noes: None Absent: None Abstain: None (2iz�z . L.L�k� e nie Roseen, Acting City Clerk