TO: CITY COUNCIL OF THE CITY OF CATHEDRAL CITY
FROM: ESCENA 52 DEVELOPMENT
PETITION (INCLUDING CONSENT AND WAIVER)
REQUESTING THE ESTABLISHMENT OF IMPROVEMENT AREA NO. 15
OF THE CITY OF CATHEDRAL CITY COMMUNITY
FACILITIES DISTRICT NO. 2006-1 (LAW ENFORCEMENT, FIRE, PARAMEDIC,
PARK MAINTENANCE AND GENERAL SERVICES)
The undersigned, on behalf of Escena 52 Development (the "Property Owner" loes hereby certify under penalty of perjury the following statements are all true and correct The undersigned is authorized to represent the Property Owner and is its designated representative to petition the City Council (the "City Council") of the City of Cathedral City (the "City") and to give the consent and waiver contained hercin with respect to Improvement Area No. 15 of the City of Cathedral City Community Facilities District No. 2006-1 (Law Enforcement, Fire, Paramedic, Park Maintenance and General Services) to be established over the properties included within this petition to be formed under the provisions of the "Mello-Roos Community Facilities Act of 1982" (the "Act"), being Chapter 2.5 of Part 1 of Division 2 of title 5 (commencing with Section 53311) of the California Government Code.
The undersigned hereby certifies as of the date indicated opposite thei gnatures, the Property Owner is the owner of all the propertv within the proposed boundaries o the Improvement Area No. 15 described in Exhibit "A" hereto.
The undersigned, pursuant to Section 53318 of the Act, hereby requests proceedings be commenced to establish Improvement Area No. 15 for the purpose of financing (1) police protection services, (2) fire protection, (3) paramedic services, (4) park maintenance services and (5) general services in addition to those provided in the territory within Improvement Area No. 15 prior to the formation of Improvement Area No. 15.
In accordance with the provisions of the Act, and specifically Sections 53326(a) and 53327(b) thereof allowing certain time and conduct requirements relative to a special landowner election to be waived with the unanimous consent of all the landowners to be included in a community facilities district and concurrence of the election official conducting the election, the undersigned (i) expressly consents to the conduct of the special election at the earliest possible time following the adoption by the City Council of a resolution forming Improvement Area No. 15.
and (ii) expressly waives any requirement to have the special election conducted within the time periods specified in Section 53326 of the Act or in the California Elections Code.
The undersigned waives any requirement for the mailing of the ballot for the special election and expressly agree said election may be conducted by mailed or hand- delivered ballot to be returned as quickly as possible to the designated election official, being the office of the City Clerk of the City Council and the undersigned request the results of said election be canvassed and reported to the City Council at the same meeting of the City Council as the public hearing on the formation of Improvement Area No. 15 or the next available
7. The undersigned expressly waives all applicable waiting periods for the election and waives the requirement for analysis and arguments relating to the special election, as set forth in Section 53327 of the Act, and consents to not having such materials provided to the landowner in the ballot packet, and expressly waives any requirements as to the form of the ballot.
The undersigned expressly waives all notice requirements relating to hearings and special elections, whether by posting, publishing or mailing, and whether such requirements are found in the California Elections Code, the California Government Code or other laws or procedures, including but limited to any notice provided for by compliance with the provisions of Section 4101 of the California Elections Code.
The undersigned hereby consents to and expressly waives any and all claims based on any irregularity, error, mistake or departure from the provisions of the Act or other laws of the State and any and all laws and requirements incorporated therein, and no step or action in any proceeding relative to Improvement Area No. 15 or the special election therein shall be invalidated or affected by any such irregularity, error, mistake or departure.
IN WITNESS WHEREOF, I hereunto set my hand this 3 _ day of Octohar, 2022.
Escena 52 Development
By: _
Name: Jeffery Benice, EMP1, LLC
Title: Managing Member
FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY THIS DAY OF - 2022.
City Clerk
2 EXHIBIT A
PROPOSED BOUNDARIES OF IMPROVEMENT AREA NO. 15