WAIVER OF CERTAIN ELECTION PROCEDURES
WITH RESPECT TO LANDOWNER ELECTION FOR
COMMUNITY FACILITIES DISTRICT NO. 2025-3 (DISCOVERY VILLAGE)
OF THE CITY OF MURRIETA
The undersigned, Stephan Z. Elieff, acting on behalf of Discovery Village LLC, a Delaware limited liability company (the “Owner”), hereby certifies to the City of Murrieta (the “City”), with respect to the proposed formation of Community Facilities District No. 2025-3 (Discovery Village) of the City of Murrieta (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 Stephen Z. Elieff to act as its authorized representative to vote in the election referred to herein and certifies that his true and exact signature is set forth below:
Signature of Stephen Z. Elieff: __________________________________
2. The Owner is the present owner of 28.94 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 90day period preceding May 6, 2025.
3. The Owner has received notice of the May 6, 2025 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 May 6, 2025 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. 25-4807 and 25-4808 adopted by the City Council on February 4, 2025 (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 May 6, 2025, 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 May 6, 2025 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 May 6, 2025 public hearing and consents to the closing of the election as soon as all ballots are received by the City Clerk or Deputy City Clerk.
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 of the special tax to finance facilities for the benefit of the District or to repay bonded indebtedness issued by the District in accordance with the rate and method of apportionment of special taxes provided in Resolution No. 25-4807 of the City Council of the City.
Dated: April__, 2025
DISCOVERY VILLAGE LLC,
a Delaware limited liability company
By:___________________________
Name: ________________________
Its: Authorized Signatory
EXHIBIT A
SAMPLE
OFFICIAL BALLOT
Community Facilities District No. 2025-3 (Discovery Village) of the City of Murrieta
SPECIAL TAX AND SPECIAL BOND ELECTION
May 6, 2025
PROPOSITION A: Shall Community Facilities District No. 2025-3 (Discovery Village) of the City of Murrieta (the “District”) incur an indebtedness and issue bonds in one or more series in the maximum aggregate principal amount of $27,500,000, with interest at a rate or rates not to exceed the maximum interest rate permitted by law, to finance the Facilities and the Incidental Expenses described in Resolution No. 25-4807 of the City Council of the City of Murrieta? PROPOSITION B: Shall a special tax with a rate and method of apportionment as provided in Resolution No. 25-4807 of the City Council of the City of Murrieta be levied to pay for the Facilities, Incidental Expenses and other purposes described in Resolution No. 25-4807, including the payment of the principal of and interest on bonds issued to finance the Facilities and Incidental Expenses? YES______
NO_______
YES______
NO_______
PROPOSITION C: For each year commencing with Fiscal Year 2025-26, shall the appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, for the District be an amount equal to $10,000,000? YES______
NO_______
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A-1
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