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24-1489RESOLUTION NO. 24-1489 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF MENIFEE COMMUNITY FACILITIES DISTRICT NO.2023-2 (CIMARRON RIDGE), CERTIFYING THE RESULTS OF THE AUGUST 21, 2024, SPECIAL ELECTION WHEREAS, the City Council of City of Menifee (the "City Council'), acting as the legislative body of Community Facilities District No. 2023-2 (Cimarron Ridge) of the City of Menifee (the "District') called and duly held an election on August 21, 2024, within the boundaries of Improvement Area No. 2 of the District ("Improvement Area No. 2") pursuant to Resolution No. 24-1488 for the purpose of presenting to the qualified electors within Improvement Area No. 2 the proposition attached hereto as Exhibit A; and WHEREAS, there has been presented to the City Council a certificate of the City Clerk canvassing the results of the election, a copy of which is attached hereto as Exhibit B; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Menifee, California, acting as the legislative body of Community Facilities District No. 2023-2, Cimarron Ridge, of the city of Menifee, does hereby resolve, determine and order as follows: Section 1. Each of the above recitals is true and correct and is adopted by the legislative body of the District. Section 1. Proposition A presented to the qualified electors of Improvement Area No. 2 on August 21, 2024, was approved by more than two-thirds of the votes cast at the election held for Improvement Area No. 2, and Proposition A has carried. The City Council is hereby authorized to levy on the land within Improvement Area No. 2 the special tax described in Proposition A for the purposes described therein and to take the necessary steps to levy the special tax authorized by Proposition A. Section 1. The City Clerk is hereby directed to record in the Office of the County Recorder within fifteen days of the date hereof an amended and restated notice of special tax lien for Improvement Area No. 2 which Bond Counsel to the District shall prepare in the form required by Streets and Highways Code Section 3114.5. PASSED, APPROVED AND ADOPTED this the 21 st day of August, 2024. Attest: Stephanie Roseen, Acting City Clerk Approved as to form: C Jeffrey T. Melching, City Attorney s j Bill Zimmer an, ayor E OFFICIAL BALLOT COMMUNITY FACILITIES DISTRICT NO. 2023-2 (CIMARRON RIDGE) OF THE CITY OF MENIFEE IMPROVEMENT AREA NO. 2 SPECIAL TAX ELECTION August 21, 2024 You are entitled to cast 99 votes. To vote, write or 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 of the City of Menifee and obtain another. PROPOSITION A: Shall a special tax with an Amended Improvement YES+ Area No. 2 Rate and Method of Apportionment as provided in Exhibit A to Resolution No. 24-1460 of the City Council of the City of Menifee NO ❑ for Community Facilities District No. 2023-2 (Cimarron Ridge) of the City of Menifee (the "District") be levied to pay for the Facilities, Incidental Expenses and other purposes described in Resolution No. 23-1310, including the payment of the principal of and interest on bonds issued to finance the Facilities and Incidental Expenses for the District? 4896-2145-0712v1/200299-0021 WAIVER OF CERTAIN ELECTION PROCEDURES WITH RESPECT TO LANDOWNER ELECTION FOR COMMUNITY FACILITIES DISTRICT NO. 2023-2 (CIMARRON RIDGE) OF THE CITY OF MENIFEE (IMPROVEMENT AREA NO. 2) The undersigned, acting on behalf of Pulte Home Company, LLC, a Michigan limited liability company (the "Owner"), hereby certifies to the City of Menifee (the "City"), with respect to the proposed change proceedings for Improvement Area No. 2 of Community Facilities District No. 2023-2 (Cimarron Ridge) 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 Improvement Area No. 2. The Owner hereby appoints Darren Warren o act as its authorized representative to vote in the election referred to herein and certifies th is true M- 2. gnature is set forth below: Signature of Darren Warren: The Owner is the present owner of 98.36 acres of land located within the boundaries of Improvement Area No. 2. There are no registered voters residing within the territory owned by the Owner and have been none during the 90-day period preceding August 21, 2024. 3. The Owner has received notice of the August 21, 2024 public hearing to be held by the City Council of the City regarding the approval of a new rate and method of apportionment (the "Amended Rate and Method") for Improvement Area No. 2 (the "Change Proceedings"). The Owner agrees that it received adequate notice of the August 21, 2024 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 Change Proceedings, as set forth in Resolution No. 24-1460 adopted by the City Council on July 17, 2024 (the "Resolution"). 5. The undersigned understands that if the Change Proceedings are undertaken on or after August 21, 2024, 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 August 21, 2024 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 August 21, 2024 public hearing and consents to the closing of the election as soon as all ballots are received by the City Clerk. 4887-6749-3330v2/200299-0021 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 Resolution 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, or the levy of the special tax to finance facilities for the benefit of the District or to repay bonded indebtedness issued by the District. Dated: August f 5, 2024 2 PULTE HOME COMPANY, LLC a Michiga3i'ed liability o pany By: /-`- Name: Darren Warrn, P.E. Title: Vice President of Land Southern California Division 4887-6749-3330v2/200299-0021 EXHIBIT 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 Election for Improvement Area No. 2 of Community Facilities District No. 2023-2 (Cimarron Ridge) of the City of Menifee. The election was held in the City Council Chambers, 29844 Haun Road, Menifee, California, on August 21, 2024. 1 caused to be delivered ballots to each qualified elector. I)k2 (1) ballots were returned. I further certify that the results of said election and the number of votes cast for and against Proposition A are as follows: PROPOSITION A YES: NO: TOTAL: Dated this 21st day of August, 2024. 41enie Roseen, Acting City Clerk City of Menifee EXHIBIT B MENIFEE 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. 24-1489 was duly adopted by the City Council of the City of Menifee at a meeting thereof held on the 21st Day of August 2024 by the following vote: Ayes: Estrada, Deines, Karwin, Sobek, Zimmerman Noes: None Absent: None Abstain: None tephanie Roseen, Acting City Clerk