TO: CITY COUNCIL OF THE CITY OF CATHEDRAL CITY
FROM: NEWPORT 17 DEVELOPMENT
PETITION (INCLUDING CONSENT AND WAIVER)
REQUESTING THE ESTABLISHMENT OF IMPROVEMENT AREA NO. 19
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 Newport 17 Development (the “Property Owner”), does hereby certify under penalty of perjury the following statements are all true and correct:
1. 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 herein with res pect to Improvement Area No. 19 of t he City of Cathedral City Community F acilities 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.
2. The undersigned hereby certifies as of the date i ndicated opposite thei r signatures, the Property Owner is the owner of all the property within the proposed boundaries of the Improvement Area No. 19 described in Exhibit “A” hereto.
3. The undersigned, pursuant to Section 53318 of the Act, hereby requests proceedings be commenced to establish Improvement Area No. 19 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. 19 prior to the formation of Improvement Area No. 19.
4. 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 condu ct of the special ele ction at t he earliest possible time following the adop tion by the City Council of a resolution forming Improvement Area No. 19.
5. and (ii) expressly waives any requirement to have the special election conducted within the time periods specified in Section 53326 of t he Act or i n the California Elections Code.
6. 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