7/12/24
TO: CITY COUNCIL OF CITY OF RIALTO
FROM: AG EHC II (LEN) CA 4, L.P.
PETITION REQUESTING FORMATION OF
CITY OF RIALTO COMMUNITY FACILITIES DISTRICT NO. 2024-1 (RENAISSANCE)
(INCLUDING CONSENT AND WAIVER OF CERTAIN
PROCEDURES AND TIME REQUIREMENTS WITH RESPECT TO
LANDOWNER ELECTION)
The undersigned, on behalf of AG EHC II (LEN) CA 4, L.P., a Delaware limited partnership (the “Property Own er”), does hereby certify under pe nalty of perjury that the following statements are all true and correct:
1. As of the date hereof, the Property Owne r is the owner of certain property located in the City of Rialto (the “City”) described on Exhibit “A” attached hereto (the “Property”).
2. The undersigned is authorized to re present the Property Owner and has the authority to petition the City C ouncil (the “Council”) of the Cit y, and to give the consent and waiver contained herein, with respect to the form ation of a community faci lities district (the “District”) to be established over the Propert y pursuant to the provisi ons 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.
3. The undersigned, pursuant to Section 53318 of the Act, hereby requests that proceedings be commenced by the C ouncil to (i) establish the Distri ct; (ii) authorize the levy of special taxes of the District pursuant to a Rate and Method of Apportionm ent of special taxes; (iii) authorize maximum bonded indebtedness for th e District; and (iv) a dopt an appropriations limit for the District.
4. The undersigned hereby certifi es that as of the date of this Petition, the Property consists of approximately 41.2 acres of land. To the undersigned’s best knowledge there are no registered voters residing on the Property, and there will be none during the 90-day period preceding the tentatively scheduled August 27, 2024 public hearing to be conducted by the City Council pursuant to Government Code Sections 53325 and 53348.
5. On or about June 12, 2024, the Owner and the appropriate offi cers thereof were made aware of the tentatively scheduled August 27, 2024 public hearing to be held regarding the formation of the District. The undersigned agrees that it received adequate notice of the hearing.
6. The Owner has received all information d eemed by it to be necessary and relevant regarding the formation of the Di strict, and the imposition of the special taxes to finance certain facilities and services, and the Owner has had ade quate opportunity to review such materials and
2 consult with its own counsel and advisors, if the Owner so chose, and has reviewed and participated in discussions regarding and pr ovided comments and input on the documents and instruments constituting the proceedings for the es tablishment of the Distri ct and the levy of the special taxes, including this Petition, the resolu tions of intention and formation, which include the description of the facilities and the servi ces to be financed, the Rate and Method of Apportionment, and the form of the ballot. The Owner understa nds that the C ity, its staff, council members, attorneys, c onsultants and advisors do not represent the Owner in the formation of the District and have no duty to advise the Owner.
7. The Owner understands that the electi on being held by the District on the proposition set forth in th e sample ballot attached hereto as Exhibit “B” (t he “Ballot”) is being conducted (a) less than 90 days after the close of the public hearing as otherwise required by Section 53326 of the Government Code, (b) without the preparation of an impartial analysis, arguments or rebuttals concerning the election as otherwise provided for by Elections Code Sections 3781 to 3787, inclusive, and 3795 and (c) without further notice of such election or limitation on number of words in the proposition as otherwise requi red pursuant to the Elections Code.
8. In accordance with the provisions of th e 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 un animous consent of a ll the landowners and concurrence of the election official conducti ng the election, the unde rsigned (i) expressly consents to the conduct of the special electi on at the earliest possi ble time following the conclusion of the public hearing an d (ii) expressly waives any re quirement to have the special election conducted within the ti me periods specified in Secti on 53326 of the Act or in the California Elections Code.
9. The undersigned waives any requirement for the mailing of the Ballot for the special election and expressly agrees that sa id election may be conducted by mailed or hand- delivered ballot to be returned as quickly as pos sible to the designated election official, being the office of the City Clerk and the undersigned re quests that the results of said election be canvassed and reported to the Counc il at the same meeting of the Council as the public hearing on the formation of the District or the next available meeting.
10. The undersigned expressly waives all ap plicable waiting peri ods 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 wa ives any requirements as to the form of the Ballot.
11. The undersigned expressly wa ives 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 Calif ornia Government Code or other laws or procedures, including but not limited to any notice provided for by compliance with the provisions of Section 4101 of the California Elections Code.
3 12. The Property Owner hereby appoi nts _____________________, as its authorized representative to vote in the el ection referred to herein and cer tifies that his true and exact signature is set forth below:
____________________________________________
[signature]
13. The undersigned hereby consents to a nd expressly waives any and all claims based on any irregularity, error, mistake or depart ure from the provisions of the Act (other than the holding and accurate counting of votes at the election) or other laws of the State and any and all laws and requirements incorporated therein, a nd no step or action in any proceeding relative to the modifications to the District or the specia l election therein shall be invalidated or affected by any such irregularity, error, mistake or departure.
14. The City agrees this Petition may be executed and/or transmitted by email of a .pdf document or using electroni c signature technology (e.g. via DocuSign or similar electronic signature technology), and that such signed electronic record shall be valid and as effective to bind the Property Owner so signing as a paper c opy bearing such the undersigned’s handwritten signature. The City further consen ts and agrees that (1) to the extent the undersig ned signs this Petition using electronic signature technology, by clicking “sign”, the undersigned is signing this Petition electronically, and (2) the electronic signature(s) appearing on this Petition shall be treated, for purposes of validit y, enforceability and admissibility, the same as hand-written signatures.
15. The undersigned further agrees that this Petition shall not be considered as filed with the City for purposes of commencing proceedings for the modifications to the District under the Act unless and until deemed filed by the City in its absolute discretion.
4 IN WITNESS WHEREOF, we hereunto set our hand this ____ day of _______, 2024.
AG EHC II (LEN) CA 4, L.P., a Delaware limited
partnership
By:________________________________________
Name:______________________________________
Title:_______________________________________
Mailing Address: _______________________
_______________________
Telephone: _______________
Email: _______________
FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF RIALTO THIS ______ DAY OF ____________, 2024.
__________________________________________
C i t y C l e r k
EXHIBIT A
DESCRIPTION OF THE PROPERTY
CITY OF RIALTO COMMUNITY FACILITIES DISTRICT NO. 2024-1 (RENAISSANCE)
The following described property is situated in the City of Rialto, County of San Bernardino, State of California:
EXHIBIT B
FORM OF BALLOT
CITY OF RIALTO
COMMUNITY FACILITIES DISTRICT NO. 2024-1
(RENAISSANCE)
SPECIAL ELECTION
FOR SPECIAL TAX, BOND AND APPROPRIATIONS LIMITS
August 27, 2024
To vote, mark an “X” in the voting square after the word “YES” or after the word “NO.” All marks otherwise made are forbidden.
This ballot is provided to ___________________________, as owner or authorized representative of such owner of land within City of Rialto Co mmunity Facilities District No. 2024-1 (Renaissance), and represents votes.
If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Rialto at 150 South Palm Avenue, Rialto, California 92376.
PROPOSITION: Shall the City of Rialto Community Facilities District No. 2024-1 (Renaissance) (the “CFD”), be authorized to levy special taxes in order to finance ce rtain facilities and services and, subject to the accountability measures, incur bonded indebtedness in a maximum amount not to exceed $25,000,000, and shall the annual appropriations limit of the CFD be established in the amount of $25,000,000, all as specified in the Resolution of Formation and Resolution Calling a Special Electio n adopted by the City Council of the City of Rialto on August 27, 2024?
YES
NO
CITY OF RIALTO COMMUNITY FACILITIES DISTRICT NO. 2024-1 (RENAISSANCE)
SPECIAL ELECTION
FOR SPECIAL TAX, BOND AND APPROPRIATIONS LIMITS
August 27, 2024
VOTER IDENTIFICATION CERTIFICATION
The undersigned hereby declares under penalty of perjury as follows:
I have been duly authorized to cast ballots on behalf of the Landowner as set forth below:
By execution hereof I also certify that there were no registered voters in the property of the above-referenced District for the 90 day period preceding and including August 27, 2024.
LANDOWNER: _______________________________
BY: ___________________________________________
NAME: ________________________________________
TITLE: ________________________________________
NAME OF VOTER:_________________________________________ ADDRESS OF VOTER:______________________________________ DATE OF SIGNING:________________________________________ PLACE OF SIGNING: AT ADDRESS ABOVE
FAILURE TO COMPLETE THE ABOVE INFORMATION WILL INVALIDATE YOUR BALLOT.
Please Return With Ballot