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HomeMy WebLinkAbout6/20/2007 - STAFF REPORTS - 1.D. :33878 510-020-023 _ -Smoke Tree, Inc. Tra 2 J Lot I within Tract 33878-1, which Tract Map was recorded - _ - cy Conrad- - ,47 - -3 7.64 Mo - , 33878 with the Riverside County Recorder on February 8, 2007 in RPE Investments, LTD Robert Engle_ __ _ 0.39 1 1.11°/° Book 416 at Paces 1-5 , Lot 2 within Tract 33878-1,which Tract Map was recorded - — --' - ;I 133878 with the Riverside County Recorder on February 8, 2007 in Grace]ones Ross,Trustee Grace ]ones Rbss 0.4 1 1.14% l - - _ Book 416 at Paces 1-5._ 3 Lot 3 within Tract 33878-1, which Tract Map was recorded -- - - - -- -- - - 33878 with the Riverside County Recorder on February 8, 2007 in Edward T. Wheeler& Edward T. Wheeler Ka Erma Wheele r Katrina Wheeler 0.35 1 1.00% - Book 4.16 at Paces 1-5 _ 4 Lot within Tract 33878-1, which Tract Map was recorded f 33878 with the Riverside County Recorder on February 8, 2007 in L'Apache, LLC David C. Wyman �J� 0.25 1 0.71% � f Book 416 at Paces 1-5 Lot 5 within Tract 33878-1, which Tract Map was recorded '''''''',f,,IIIr 33878 with the Riverside County Recorder on February'8, 2007 In Howard W. Harris &Mabel Howard W. Harris £c Ma b M. Harris M. Harris „ 0.33 1 ❑,911% Book 416 at Paces 1-5 , f Lot 6 within Tract 33878-1, which Tract Map was recorded f � 33878 with the Riverside County Recorder on February 8, 2007 in Peter M. Sears 'Peter M. Sears 0.33 1 0.94% • . f Book 416 at Paces 1-5 , Lot 7 within Tract 33878-1, which Tract Flap was recorded 33878 with the Riverside County Recorder on February 8, 2007 In Ralph E. Erickson Cs Ja ee Ralph E. Erickson &3a e� C. Erickson, Trustee C. Erickson 0.44 1 1.25% , Book 0-0 at Paces 1-5- _ -- _ All land on APhs 510-090-001 and 510-020-032, excluding, , - 33878 Lots 3-7 an Tract 33878-1, which Tract Map was recorded with E the Riverside County Recorder on February 8, 2007 in'Book Smoke Tree, Inc. Traor conrae f 11 30.13 31.#3%3T 85.869'0 416 at Paces 1-5_ MW I DZ/5 Zed • 3 3 .CAL oBN��. OFFICIAL BALLOT SPECIAL ELECTION City of Pahn Springs Community Facilities District No. 2005-1 (Public Safety Services) Annexation No. 4 This ballot is for a special landowner election. You must return this ballot in the enclosed postage paid envelope to the office of the City Clerk of the City of Palm Springs no later than 6:00 p.m. an June 20, 2007, either by mail or in person. The City Cleric's office is located at 3200 East Tahquitz Canyon Way,Palm Springs,California, 92262. To vote, manic a cross (X� in The voting square after the word "YES" or after the word "NO". All distinguishing marks otherwise made 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 Palm Springs and obtain another. PROPOSITION A: Shall special taxes be levied annually on taxable property Yes within Annexation Na. 4 of the City of Palm Springs Commutty Facilities District No. 2005-1 (Public Safety Services), County of Riverside, State of California (the "District"), and to levy and collect such special taxes so long as the special taxes arc needed to pay for police services, fire protection and suppression services at the ❑ No special tax rates and pursuant to the method of apportioning the special taxes set forth in Exhibit"B" to the Resolution of Formation (Resolution No. 21428) adopted by the City Council of the City of Palm Springs on October 19,2005? Yes PROPOSITION B: Shall an appropriations limit, as defined by subdivision (h) of Section 8 of Article XIIIB of the California Constuntion, be established for Annexation No. 4 of the City of Palm Springs Community Facilities District No. ❑ No 2005-1 (Public Safety Services), County of Riverside, State of California, in the amount of$115,500,000? Number of votes! I Property O�er: 'ward T. Wheeler& Katrina Wheeler By: --------- /. Pf Yt: c�,;;� Edward Wheeler f 2028 SW Jkson St. I ac . Portland, OR 97201-2424 , .. _ Y . -..._'._._ . .. ..._ _ flr�ri:f:r1:111frr �±lrf1;1]=E111�11a1:�!rlllt;1�11afi u [tF! Landowner Name and Address: nd r%Eqh and T.Whcc•der POSfage 2028 S%V.la cle on 51 Foil iund,OR 97201 Ti): CITY CLERK Required CITY OF PALIIM SPRINGS 3200 E. TAHQUITZCYN WAY OFFICL4L BALLOT FOR CITY OF PALM SPRIA'GS PALbI SPRINGS,CA 92262 CFD NO. 2005-1,ANA'FXATION A'O. 4 STATE OF CALIFORNIA Executed on _ G? 2007 )SS COUNTY OF RIVERSIDE } ALP n 1� •: [certify under penalty of pequry under doe laws or the Slate of Cal ifom is that the voter is the owner of record or the audhon2ed represen lahve of the owner of record entitled to vote and is the person whose name appears an[his identification envelope Isio store) TeC( L/cLlrr6 2-c -y GA ' JcaLKsc� ?yam,l� L� �) Attention: This envelope condoms an election ballot and is to be opened only by the canvassing I board n•uh respect to the City of Palm Springs Community Facilities District No 2005-1 (Public Voter(print name) Voter Address Safety Services),Annexa lion No 4 special election to be lied on June 20,2007. 'WARNING THE VOTER MUST SIGN THE ENVELOPE IN HIS.+HER OWN HANDWRITING IN ORDER FOR THE BALLOT TO BE COUNTED BALLOT RETURN ENVELOPE (ENCLOSE VOTED BALLOT ONLY IN THIS ENVELOPE) O�pALM SA4 x V ri. r'gLlFpRtitiA OFFICIAL BALLOT SPECIAL ELECTION City of Palm Springs Community Facilities District No. 2005-1 (Public Safety Services) Annexation No. 4 This ballot is for a special landowner election. You must return this ballot in the enclosed postage paid envelope to the office of the City Clerk of die City of Palm Springs no later Than 6:00 p.m. on June 20, 2007, either by mail or in person. The City Clerk's office is located at 3200 Past Tahquitz Canyon Way, Palm Springs, California, 92262. To vote, marls a cross (h') in the voting square after the word "YES" or after the word "NO". All distinguishing marks otherwise made arc 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 Palm Springs and obtatn another. PROPOSITION A: Shall special taxes be levied annually on taxable property Yes within Annexation No. 4 of the City of Palm Springs Community Facilities District No. 2005-1 (Public Safety Services), County of Riverside, State of California (the "District'); and to levy and collect such special taxes so long as the special taxes are needed to pay for police services, fire prorcction and suppression services at the ❑ No special tax race s and pursuant to the method of apportioning the special taxes set forth in Exhibit"B" to the Resoluton of Formation (Resolution No. 21428) adopted by the City Council of the City of Palm Springs on October 19,2005? PROPOSITION B: Shall an appropriations limit, as defined by subdivision (h) of Yes Section 8 of Article XIIIB of the California Constitution, be established for Annexation No. 4 of the City of Palm Springs Community Facilities District No. ❑ No 2005-1 (Public Safety Services), County of Riverside, State of California, in the amount of$115,500,000? Number of votes: 1 Property Owner: Howard W. Harris & Mabel M. Harris By: i I I Lonloituei Nam e aand Address: �� 9jz2;z �, e :• To: CIT V�L#IW N c.CE:i` = ) .. crrY . Fit IJI RINGS 3200 E. TAFIQ TZ CYN WAY OFFICIAL BALLOT FOR CITY OFP.ALAI SPRIn'GS PALII SPRINGS,CA 92262 CFD NO. 2005-I,ANNEXATION NO. r� I J It 1 19 i r STATE OF CALIFORNIA ] �'! ! L1. L Execu[ed >J on tl-ri.C— [1 ,201l7 ]SS + COUNTY OF RIVERSIDE ) A[ l (City) (S1ale I cer[dy under pen a[[y oC perj ury under the laws of tlse S[a[e of Cal donna tha[the Voter 1s(he mvner of record or he au[horized representative of[he owner of record By r enli Iled io%ro(e and is the Person wlms� name appears on [his idea[ifca[ioa envelope 1 F/,?kwnr/GA Hived f j'—'77 4t2Sw/W d f Co/-7. 41 /�/6C.3 r✓//� f-I/J%{"/S rLl2'72/i7 Ai/ ok 9 I a ms�W 7 Ar[,Hnn This envelope conla an elm LLou ballo[and is to be opened onlv by the canvassing hoard w lh re pecI to[he Ci[y or Palm Springs Commmn[y Fau lines➢is[nc[No 2005-1(P abbe Voter{prm[name) Voter Address Safety Services),Annexalion No.4 special elecuon to be held on June 20,2007 WARNI\G 'I I IE VOTER MUST S[ON THE ENVELOPE IN IIISIHER OW N HANDWRITING IN ORDER FOR THE BALLOT TO BE COUNTED .^:.JIAL,j f3'F-kfT.P �L_'EfN�f£lft.E rrJ� I i f 1 1 1 111 I I 1 111 11 i! 11 (ENCLOS'C'VOT`EI7B'r1CL'dT`O'hILI"]RM ENVELOPE tlrr i r1 r i rlii r i 1r i iIr ( r i it Irl rii ili F PALM sA4 y C� V N iR OFFICIAL BALLOT SPECIAL ELECTION City of Palm Springs Community Facilities District No. 2005-1 (Public Safety Services) Annexation No. 4 This ballot is for a special landowner election. You must return this ballot in the enclosed postage paid envelope to the office of the City Clerk of the City of Palm Springs no later than 6:00 p.m. on June 20, 2007, either by mail or in person. The City Clerk's office is located at 3200 East Tahguitz Canyon Way,Palm Springs,Califorma, 92262. To vote, mark a cross (X) in the voting square after the word "YES" or after the word "NO". All distinguishing marks otherwise made are forbidden and make the ballot void. If you wrongly mark, tear,or deface this ballot, return A to the City Clerk of the City of Palm Springs and obtain another. PROPOSITION A: Shall special taxes be levied annually on taxable property ❑yes 4 within Annexation No, of the City of Palm Springs Community Facilities District No. 2005-1 (Public Safety Services), County of Riverside, State of California (die "District'); and to levy and collect such special taxes so long as the special taxes are needed to pay for police services, fire protection and suppression scn7ces at the ❑ No special tax rates and pursuant to the method of apportioning the special taxes set forth in Exhibit`B"to the Resolution of Formation (Resolution No. 21428) adopted by the City Council of the City of Palm Springs on October 19,2005? PROPOSITION B: Shall an appropriations limit, as defined by subdivision (h) of Yes '- Section 8 of Article XIIIB of the California Constitution, be established for Annexation No. 4 of the City of Palm Springs Community Facilities District No. ❑ No 2005-1 (Pubhc Safety Services), County of Riverside, State of California, in the amount of 5115,500,000? Number of votes: 1 Property Owner: Peter M. Sears I I Lmrdnwner Name and Address: l /V, To: CITY CLERK CITY OR PALM SPRINGS ° 3200 E.TAHQUITZ CYN WAY OFFICIAL BALLOT FOR CITY OF PALRf SPRIeYGS PALM SPRINGS CA 92262 CFD A'O. 2005-1,ANNEXATION NQ�4i Ji,:, 12 I'd I STATE OF CALIPORN[A ) (;i T I' Executed on 2007 )SS —67 , COUNTY[1F RIVERSIDE ) At [ccYify under penally of penury under the lases oRhe Stale of Caltfomta that the cCd)') (Shte) voter is the miner of record or the authorized represen tahve of the mvner 0frecord ny 6X—'W� /' eau tied In vole and is the person whose name appears on this idenn hcalion envelope (S'mature) gd L C• �'r7✓ Anrnlion This envelope contains an elecuon hallol and is to be opened only by[lie canvassing —Z r M S��trzS "-e;/nne2 s�.e,.rrS,` board with respect to the City of Palm Springs Commun¢y Facilities Dislnel\o.2W5-1 (Public t Vu lei(Print name) Vntcr Address Safety SerVIces),Annexation No 4 special elecuon to be held on June 20,2007 i %VARtN'1NG THE VOTER MUST SIGN THE ENVELOPE 1N HISIHER OWN HANDWRITING IN ORDER FOR'I'HE BALLOT TO BE COUNTED. i.;::.::e:.r`,:Y�i::I3'ddT,(lT.� i�\ENYELI�1}Fa,tlt},ti,Iti „ttitlolltthit�J,l�ltl,� lt�,l}ttrl4,nl „3 (ENCLOSE VOTED BALLOT ONLY IN IBIS ENVELOPE) I I i I I ' C4?ALM SA6 lw y U N I .roc�zRN,P. OFFICIAL BALLOT SPECIAL ELECTION City of Palm Springs Community Facilities District No. 2005-1 (Public Safety Services) Annexation No. 4 This ballot is'-fzst a special landowner elecuon.-You must refurri thus ballot in the enckFsecl— postage paid envelope to the office of the City Clerk of the City of Palm Springs no later than 6:00 p.m. on June 20, 2007, either by mail or in person. The City Clerk's office is located at 3200 Last Tahquitz Canyon Way, Palm Springs,California, 92262. To vote, mark a cross (X) in the voting square after the word "YES" or after the word "NO". All distinguishing marks otherwise made 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 Palm Springs and obtain another. PROPOSITION A: Shall special taxes be levied annually on taxable property Yes within Annexation No. 4 of the City of Palm Springs Community Facilities Disnicr ,/ No. 2005-1 (Public Safety Services), County of Riverside, Statc of California (the "District"); and to levy and collect such special taxes so long as the special taxes are needed to pay for police services, fire protection and suppression services at the No special tax rates and pursuant to the method of apportioning the special taxes set fotth in Exhibit"B"to the Resolution of Formation (Resolution No. 21428) adopted by the City Council of the City of Palm Springs on October 19,2005? PROPOSITION B: Shall an appropriations liinir, as defined by subdivision (h) of 1Z, Xc5 Section 8 of Article YUTTB of the California Consutuuon, be established for Annexation No. 4 of the City of Palm Springs Community Facilities District No. No 2005-1 (Public Safety Services), County of Riverside, State of California, in the amount of$115,500,000? Number of votes! 1 Property Owner: Ralph E. Erickson&Janet C. Erickson,Trustee i Lan downer NalImc a nd.V dress: ="s • ! CITY OR PALM SPRINGS ^''r Y n [' ; i f '_.i'i;' 3200 E.TAHQIIITZ CYN V,AY OFFICIAL BALLOT FOR CITY OF PALM SPRINGS PALM SPRINGS, CA 92262 CFD 14'O. 21105—I,ANNEXATION 4VDr fq ? i l 5= c_0 STATE OF CAI.f1:O1iNfA } •�'� •' Executed on JC-f A!L 7 no ]SS CI r COUNTY OF RIVERSIDE ] As g [Crty} IStaie) 1 certdy under penally of perjury under the laws Of the Slate of Cali Comia that the p � sorer is tare oamcr of record or Ibe an tiiorizcd representati we of the o:vner of record By entitled I,vote and is die person whose name appear on ibis idea Gcalioo envelopz , This envelope contains an election ballot and is to be opined only by the canvassing }C I:�ni e� F CA/ hoard n§€h respect to the City Of palm Springs Community Far dines Dis[net No 2005-1 (Public Vod.er[punt name) Voter Address Safety Services),Annexanoa No 4 special election to be lield OR tune 20,2007. %VAR\I\G. THE VOTER MUST SIG i F#{6LSY�?-� g?H '0�'''N HAN Q{4VAiTl�1G 1�'1 f]RDjr�p({TH1-r IIAE�.4�Ij Tq IIEl�'0[J[JTFD. ._....... ....:._: •, ✓$}rtiLOT'i�iBTiJAi�]ENVDEY�itElltlrtltltlllt:}Ill:lf::lsltltl:ltlkltsil::tll+tt{1 (E\CLOSE VOTED 13 ALLOT ONLY US THIS ENVELOPE) i i i �pAL11A S Y 3 V N na Cgz'Fovt OFFICIAL BALLOT SPECUL ELECTION ECTION City of Palm Springs Community Facilities District No. 2005-1 (Public Safety Services) Annexation No. 4 This ballot is for a special landowner election. You must return this ballot in the enclosed postage paid envelope to the office of the City Clerk of the City of Palm Springs no later than 6:00 p.m. on June 20, 2007, either by mail or in person. The City Clerk's office is located at 3200 Fast Tahquitz Canyon Way,Palm Springs, California, 92262. To vote, marls a cross (X) in the voting square after the word 'YES" or after the word "NO". All distinguishing marks otherwise made are forbidden and make the ballot void. If you wronQ;ly mark, tear,or deface d-us ballot,return it to the City Clerk of the Cite of Palm Springs and obtain another. PROPOSITION A. Shall special taxes be levied annually on taxable property Yes within Annexation No. 4 of the City of Palm Springs Community Facilities District No. 2005-1 (Public Safety Services), County of Riverside, Start of California (the "District"); and to levy and collect such special taxes so long as die special taxes are needed to pay for police services, fire protection and suppression services at the ❑ No special tax rates and pursuant to the method of apportioning the special taxes set forth in Exhibit`B" to the Rtsoludon of Formation (Rcsoludon No. 21428) adopted by the City Council of the Ory of Palm Springs on October 19, 2005? PROPOSITION S: Shah] an appropriations limit, as defined by subdivision (h) of I /X �Yes Section 8 of Article XIIIB of the California Constitution, be established for Annexation No. 4 of the City of Palm Springs Community Facilities District No. ❑ No 2005-1 (public Safety Services), County of Riverside, State of California, in the amount of 5115,500,000? Number of votes: 1 Property Owner; Ms. Grace Jones Ross, Trustee By: 1_I . 4Tf�L� I I Landowner Came and A+lr,e�sIs: f s - GRR o N 3 f1.0 QI oD 38th Aga - S EAtTL � WA ClS 1 l� `r,.,, To: CITY CLERK i �., CITY OF PALM SPRINGS ;1`,' P r. 3200 E. TAHQUITZ CYN WAY - OFFICL4L BALLOT FOR CITY OFPAL,w spRINGS . n. l PALAL SPRINGS,CA 92252 CFD A'O. 2005-I,AiVNEX,ITION NO. 4r l', l 1 ' STATE OF CALIFORNIA )SS C'rI 1 t Executed on l 1111U E 1 20U7 COUNTY OF RIVERSIDE ] At SEiRyTRg �,fg5Efi11UG7'DI.r✓ I certify under penalty of perjury under the!au•s of the Slafe ofCah Fomra[hat tic «tlYl (SuLe) Toler is the Winer of record or lie all lhonzed Iepresenla[rre or tie onner ofrecard By can[led to vole and is!]te person whose name appears on ibis idenufcahon envelopes na Signve) ` GrZANfi I�ON 5 i `OtG aI�a.lr�}h h VE � �� Anealrnn: 'Ri1s envelope conlains an election ballot and is to be opened only'by the canvassmo Voler(pnnl name) Volrr Address 1'1 C• Q board wi tlt respect m the City of,Palm Springs Community Fac i i lies➢islntt No.2005-1 (Public Safely Services),Annc%alt on NO special electron to be held on Sttne 20,2007 WARNING: THE VOTER MUST SIGN THE ENVELOPE IN F[1SIRER OWN BANDWRfl'ING IN ORDER FOR THE BALLOT TO IIE COUNTED. BALLOT RETURN ENVELOPE (ENCLOSE VOTED BALLOT ONLY IN THIS ENVELOPE) i a�'PALM SA4 c�[rFcsRNtP. OFFICIAL BALLOT SPECIAL ELECTION City of Palm Springs Community Facilities District No. 2005-1 (Public Safety Services) Annexation No. 4 This ballot is for a special landowner election. You must return dais ballot in the enclosed postage paid envelope to the office of the City Clerk of the City of Palm Springs no later than 6:00� p.m. on June 20, 2007, either by mail or in person. hr City Clerk's office is located at 3200 East Tahquitz Canyon Way,Palm Springs, California, 92262, 1 To vote, marls a cross N in the voting square after the word "YES" or after the word "NO". All distinguishing marks otherwise made arc 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 Palm Springs and obtain another. PROPOSITION A. Shall special tales be levied annually on taxable property ❑Yes within Annexation No. 4 of the City of Palm Springs Community Facilities District No. 2003-1 (Public Safety Services), County of Riverside, State of California (the "Disrrict'�; and to levy and collect such special taxes so long as the special taxes arc needed to pay for police services, fire protection and suppression services at the , No special tax rates and pursuant to the method of apportioning the special taxes set forth in Exhibit"B"to the Resolution of Formation (Resolution No. 21428) adopted by the City Council of the City of Palm Springs on October 19,2005? Yes PROPOSITION S: Shall an appropriations limit, as defined by subdivision (h) of Section 8 of Article XIIIB of the California Constitution, be established for Annexation No. 4 of the City of Palm Springs Community Facilities District No. No 2005-1 (Public Safcty Services), County of Rtversidc, State of California, in the amount of$115,300,000? Number of votes: 1 Property Owner: E I estmc n /TiD By: / p t i Lando nerNameaannddrAddres f l To: CITY CLERK i' CITY 6F P�L L$PRILYG fir}+ 3200 E.T•_AI�Q4ny'LL�� f �'AY,... OFFICIAL BALLOT FOR CITY OF PALM SPRINGS PALQ 'GS;CA J&2 ' CFD NO. 2005-1,ANNEXATION A'O. 4 r I - r 2L�If]1 u„ l f0I 6:7 STATE OF CALIFORNIA J Executed or, COUNTY OF RIVERSIDE ) A V '� r i N IT D r I cord fy under penally of perjury under 111c lass of the Stale of Calrfomla 11121 the voler Is the owner of mcord or the aulhonzed rcptesenlalivc of the oumer oCreeord By f @nulled to vole and is[he person wbase rtamx app on. hrs iden[ifica bon em'elope (Srgmature) }� t✓ ,{'./IJ r �}�7L� �P 1 /a✓ J .:]Ilcnlinn: This envelope contains an elecu8n'h3 board anlh respect to the Cuv of Palm Spnn ,C rt n1 isyLabe opened only6}'the canvassing mumry Facilities Di stac!No 2005-I (Public / �ej,lpnn"I name) V n olzr Address Safety Services),Annexation No.4 special cleclm to be held on June 20,2007. WARNING 'rHE VOTER MUST SIGN Tl IE ENVELOPE IN HISIHEROWN HANDWRITI\G IN ORDER FOR THE BALLOT TO BE COUNTED BALLOT RETURN ENVELOPE _ (ENCLOSE VOTED BALLOT ONLY IN THIS ENVELOPE) I I ` i I C4 QpLM sd4 ry OFFICIAL BALLOT SPECIAL ELECTION City of Palm Springs Community Facilities District No. 2005-1 (Public Safety Services) Annexation No. 4 This ballot is for a special landowner election. You must return this bailor in die enclosed postage paid envelope to the office of the City Clerk of the City of Palm Springs no later than 6:00 p.m. on June 20, 2007, either by mail or in person. The City Clerk's office is located at 3200 East Tahquitz Canyon Way, Palm Springs, California, 92262. To vote, mark a cross N in the voting square after the word "YES" or after the word "NO". All distinguishing marks otherwise made 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 Palm Springs and obtain another. PROPOSITION A: Shall special taxes be levied annually on taxable property Yes within Annexation No. 4 of the City of Palm Springs Community Facilities District No. 2005-1 (Public Safety Services), County of Riverside, Stare of California (the "District"); and to levy and collect such special taxes so long as the special taxes are needed to pay for police services, fire protection and suppression services at the No special tax rates and pursuant to the method of apportioning the special taxes set forth in Exhibir"B" to the Resolution of Formation (Resolution No.21428) adopted by the City Council of the City of Palm Springs on October 19,2005? � PROPOSITION B: Shall an appropriations litnie, as defined by subdivision (h) of Yes Section 8 of Article XUIB of the California Constitution, be esrablishcd for Annexation No. 4 of the City of Palm Springs Community Facilities District No. ❑ No 2005-1 (Public Safery Scrcices), County of Riverside, State of California, in the amount of 5115,500,000? Number of votes: 34 Property Owner: Smoke r e Inc . By: La n down or Name a ad Address: � l J'1 Iio: CITY CLERK r CITY OF PALM SPRINGS J 7 I n 3200 E.TAHQUITZ CYN WAY COFFICIAL BAL 05-1T FOR CITY OFP tLh7SPRI L <I J'• FPALM SPRINGS,CA 92262 F D NO. 2 1105-I,AA'NEX.4TIDNNO. 9 STATE OF CALIFOIkNIA J Lxecu[ed on '� i J /jZ•%(ygp7 )SS COL]\TY OF HIVEHSI➢E ) Ai �) ]codify wider penalty of pepaiy undo, the laws of[he Slate Of C¢ m Itfota[hat[lie (Ciiv1 —1 (Safe ❑o[rr is[he owner of record or the auihonzed representalrvc al the ossner or record By E% _ entitled to vote and is[lie person whose n ame appears on I]as,den hTcalion em•elope (Ste,agar) � � 1 ��s� �p . An Latina This envelope contains an election hallo[and is to be opened only by[he canvassing VO1er(pnn[name]) Voter Address V board auh respect no tlX City of palm Spun es COmmuany Faci h[Les Dts Lac[No.2005-1 (Public Safely Services),Anncxaion No 4 special clecuon to be held an June 20,2N?. WARNING THE VOTER MUST SIGN 71 IE ENVELOPE IN HISIHER OWN HANDWRITING IN'ORDER FOR THE BALLOT TO BE COUNTED. BALLOT RETURN ENVELOPE (ENCLOSE VOTED BALLOT ONLY IN I HIS ENVELOP E) c4 ppLM sd4 V y� m c'��rFaaNvP OFFICIAL BALLOT SPECIAL.ELECTION City of Palm. Springs Community Facilities District No. 2005-1 (Public Safety Services) Annexation No. 4 This ballot is for a special landowner election. You must return this ballot in the enclosed postage paid envelope to the office of the City Clerk of the City of Palm Springs no later than 6:00 p.m. on June 20, 2007, either by mail or in person. The City Clerk's office is located at 3200 East Tahquitz Canyon Way, Palm Springs, California, 92262. To vote, mark a cross (X) in the voting square after the word "YES" or after the word "NO". All distinguishing marks otherwise made are forbidden and make the ballot void. If you wrongly marl., tear, or deface this ballot, return it to the City Clerk of the City of Palm Springs and obtain another. PROPOSITION A: Shall special taxes be levied annually on taxable property es within Annexation No. 4 of the City of Palm Springs Community Facilities District No. 2005-1 (Public Safcty Services), County of Riverside, State of California (the `Disrrict'�; and to levy and collect such special taxes so long as the special taxes are needed to pay for police services, fire protccrion and supprcsslon services at the ❑ No special tax rates and pursuant to the method of apportioning the special taxes sct forth in Exlubit"B"to the Resolution of Formation (Resolution No. 21428) adopted by the City Council of the City of Palm Springs on October 19,2005? PROPOSITION B: Shall an appropriations limit, as defined by subdivision (h) of nyes Section 8 of Article XIIIB of the California Consriturion, be established for Annexation No. 4 of the City of Palm Springs Community Facilities District No. ❑ No 2005-1 (Public Safety Services), County of Riverside, Stare of California, in the amount of$115,500,000? Number of votes: Property er: 'Apache,LLC By: I I 1 I Landowner Name and Ad d ress: { L'fP/f�'GH6 6r G aTo: CITY CLERKCITY OF PALM SPRINGSi '� C F P:•. !`'Ii'?!f 3200 E.TAHQUITZ CYN WAYi = OFFICIAL BALLOT FOR CTTYOFPALM SPRINGS PALM SPRINGS,CA 92262 CFDNO. 24a5-1,ANNEXATIONN0. 4 ,M7 J;` i j I « I 'J 13 STATE OF CALIFORNIA J IL' 1 ] (;�r..( Esecmed an .2007 js5 WLOVTY OF RIVERSIDE jAl , (Ci V) f5lale] I cerhfy under penally of perjury under Ilse laws of the Slate of Caldrnrna[hat the voter is the owner Gf record or fhc authorized n:presenlahve oRhe owner Of record BV cnh0ed to Vole and Is hle person whose name appears on this cdenn ElCanon eftVelope f io.ti /� /2e6 �iGr� flceI Ott Anrd ion.vrith This eneelope con turns an electionSprings ballot and y fa be iesopened Di strict only by the canvassing board mih respect to The City of Palm Springs Community facilities Distrml No.2005-1 (Public Voter(prior name) Voter Address Safety Senrices),Annexation No.4 special elcc hon to be held on June 20,2007. WAR-NING THE VOTER MUST SIGN THE ENV ELOPE IN HIM IER OWN HAN DLVRITENG N ORDER FOR THE BALLOT TUBE COUNTED 4 BALLOT RETURN ENVELOPE (ENCLOSE VOTED BALLOT ONLY IN THIS ENVELOPE) I � C�• WAIVER OF CERTAIN ELECTION PROCEDURES WITH RESPECT d'tsILANDOWNER 'DOTER ELECTIONS WITHIN AND FOR PROPERTY PROPOSED TO BE ANNEXED INTO, ,, COMbIUNITY FACILITIES DISTRICT NO. 2005-1 OF THE CITY OF PAL P tI`Nr COUNTY OF RIVERSIDE,STATE OF CALIFORNIA TO: CITY COUNCIL CITY OF PALM SPRINGS The undersigned PROPERTY OWNER, or representative thereof, does hereby CERTIFY ander penalry of perjury,that the following statements are all true and correct: PROPERTY OWNER CONSENT AND WAIVER 1. The undersigned is the owner or the duly authorized representarve of the owner or owners (the "Owner") of that certain real property idendficd in Exhibir "A" attached hereto and incorporated herein by this reference ("Owner's Property-"), and is legally authorized to give the consent and waiver contained herein as such owner or on behalf of such owner. 2. Owner is aware of,undcrstands and agrees to the following? A. Thu City of Palm Springs (the "City") has conducted proceedings pursuant to the "Mello- Roos Community Facilities Act of 1982", as amended, (the "Act") to form City of Palm Springs Community Facilities District No. 2005-1 (Public Services) (the "District") for the purpose of financing certain public services as described below: PUBLIC SAFETY SERVICES Police services, fire protection and suppression s-crviccs, and life safety senlces (the "Services'} of the City of Palm Springs required to sustain the service delivery capability for emergency and non-emergency services to new growth areas of the City of Palm Springs, including bur not limited ro,equipment,vehicles,ambulances- and paramedics,fire apparatus, seniccs, supplies and personnel; provided, however, that any increases in special taxes for costs related to employee wages and benefits shall be limited as provided in the Rate and Method of Apportionment of the Special Taxes to fund such Services. Owner's Property is located within the proposed boundaries of the area to be annexed to die Dismct ("Annexation No.4"). If Annexation No. 4 is annexed to the District, the Owner's Property will be subject to the levy of the specal raxes for the District (the "Special Taxcs'�. A copy of the proposed rate and method of appordonmcnt for the special tax (the "Rare and Method")is set forth in"Exhibit B"attached hereto, B. Owner has had a reasonable opportunity ro review and has reviewed the Rate and Method of Apportionnhcnt. C. The Act requires, as a prerequisite to annexing territory to the District, specifically Annexation No. 4, that the City Council adopts a resolution declaring the intention of the City Council ro annex Annexation No. 4 rn the District (the "Rcsohldon of Intention").The Act further requires that the City Council,w the Resolurion of Intention,to fix the time and place for a public hearing on the annexation of Annexation No.4 to the District(the"Public Hearing") which shall be not less than thirty (30) nor more than sixty (60) days after the adoption of the Resolution of Intention. The Act further requires that notice of such a public hearing be published at least seven (7) days prior to the date of such public hearing. D. The Act requires, as a prerequisite to the levy of the Special Taus, that the District must submit Lie question of whether or not to levy Such special tax to the qualified electors of the territory to be annexed to the District at a special election. The Act further provides that rwo-thirds (2/3's) of the votes cast on die question of whether or not to levy the special tax must be in favor of the levy of such special tax if the levy of such special tax is to be authorized. The Act provides that the qualified electors shall be the voters registered to vote widen the territory proposed to be included in the Dtsrricr tf ar leasr twelve (12) persons,who peed not necessarily be die same twelve (12) persons, have been registered to vote within such territory for each of the ninety (90) days preceding the close of the Public IIcanng scheduled to occur on June 20, 2007. Othcrwisa, the Act provides That the vote shall be by the landowners of territory proposed to be annexed to the District which will be subject to the levy of the special tax,with each such landowner who is the owner of record at the close of the Public Hearing,or the authorized representative of such owner,having one vote for each acre or portion of an acre of land that such landowner owns widen the proposed territory to be annexed to die District. P. The provisions of the Act require that such special election be held at least ninety (90) but not more chin one hundred eighty days (180) following the date of the adoption of die resolution submitting the proposal to consider die authorization to levy the special taxes pursuant to the Rate and Method on the territory proposed to be annexed to the District to the qualified electors thereof(the "Resolution of Formation"). Election Code Section 4000 provides that a special election to authorize the levy of a special tax may be conducted by mail if such an election is held on one of the following established mail ballot election dates (tile "Established Mailed Ballot Election 17ates'�: (a) the first Tuesday after the first Monday in May of each year, (b) the first Tuesday after the first Monday in March of each even- numbered year or (c) the last Tuesday 1n August of each year. The Act provides, however, that any such special election rime limit specified by the Act or requirement pertaining to the conduct of such a special election may be waived with the unanimous consent of the qualified electors and the concurrence of the official conducting the election. As is stated below,it is proposed that such special election (the "Special Election') shall be held on June 20,2007,a date which will be less than ninety (90) days from the daze of the Public Hearing and not on a date specified in Elections Code section 4000. 3. Owner has had a reasonable opporruniry to consult with and to be advised by Owners lcgAl counsel regarding die matters contained in this document and the exhibits hereto. 4. Owner certifies that there have been no persons residing and registered to vote within the Owner's Property for each of the ninety(90) days preceding the date of this Consent and Waiver. 5. Owner desires and requests that the special election be held on June 20, 2007, or such other date as the Owner and the City Clerk of the City (the "City Clerk"), acting as the official conducting dre election, may mutually agree, a date which may be less than mricry (90) days from the date of the adoption of the Resolution of Annexation. 6. Owner expressly consents (a) to the conduct of the public hearing on June 20, 2007, and (b) to the conduct of the Special Election on Junc 20,2007, or such other date upon which all of the qualified electors and the City Clerk conducting the election may concur. 7, Owner expressly waives: A. any right which Owner may have to have the Public Hearing conducted and notice of the Public Hearing given within the tune periods and in accordance with the manner specified in Government Code Sections 53321 and 53322; B. any right which Owner may have for the Spccial Election to be conducted within the time periods specified in Government Code Section 53326; C. any right which Owner may have for the Special Election to be conducted on a date specified in Elections Code Section 4000; I]. any protest, complaint or legal action of any nature whatsoever pertaining to the shortening of all time periods pertaining to (a) the Public I-leartng and notice thereof and (b) the Spccial Election, including but not limited to, the time for holding the Special Election and the neces'siry and requirement for any newspaper publication of the notice of the Special Election; E. any requirement for the mailing of the ballor, F any requirement for the preparation of ballot arguments, rebuttal arguments and/or an impartial analysis as to the ballot propositions set fordo in Exhibit C. $, Owner expressly consents to (a) the proposed levy of special taxes within Annexation No. 4 pursuant to the provisions of the Act and the rate and method of apportionment of special taxes to finance the services described above and (b) establish an Article XIIIB appropriations limit equal to $115,500,000. RkOPERT'Y OWNER APPOINTMENT OF AUTHORIZED RFPRESENTATNES The owner hereby appoints or , altcrnauvely, as its authorized representative to vote in the Special Blcction,and the owner certifies that the txue and exact signature of each alternative representative is set forth below: Signature (Type or Print Name of Representative) Signature (Type or Print Naine of Representanvc) [REMAINDER OF THIS PAGE INTENTIONALLY.LEFT B7 4NY-1 i THIS CONSENT AND WAn-ER AND APPOINTMP.NT OP AUTHORIZED REPRESENTATIVES was executed this G day of T7,( -� ��2UU7,in California. (Signature) / Type or Print Nunc of Signor If the person executing this document is not the Owner for which this docmnent is being submitted but is signing for and on behalf of the Owner,please fill in the name of the Owner on the line provided below: (Type or print name of the Owner) l �F ff it ,r P 1 r f EXHIBIT A DESCRIPTION OF PROPERTY 1 � a J N, ��v DESCRIPTION OF PROPERTY The land referred to is situarcd in the Counry of Rivcrs'ide,Ciry of palm Springs,State of California and is described as the following Riverside Counry Assessor Parcel Numbcr(s): 510-020-023 and All land on APNs 510-090-001 and 510-020-032, excluding Lots 1-7 on Tract 33878-1,which Tract Map was recorded with the Riverside County Recorder on February 8,2007 in Book 416 at Pages 1-5 'w 4 1 t EXHIBIT B RATE AND METHOD OF APPORTIONMENT r 1, i' +' i. � `L J ,-e I I EXT41BTI'B CITY OF PAJ M SPRINGS COMMUNITY FACILITIES DISTRICT NO.2005.1 (PUBLIC SAFETY SERVICES) RAPE AND METHOD OF APPORTIONMENT A Special Tax of Community Facilities District No. 2005-1 (Public Safety Services) of the City of Palm Springs (the "District") shall be levied on all Assessor's Parcels in die District and collected each Fiscal Year commencing in Fiscal Year 2006-07 in an amotuir determined by the City through the application of the rare and method of apportionment of the Special Tax set forth below. All of the real property in die Disrrict, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have die following meanings: "Acre or Acreage" means die land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final subdivision map, other final map, other parcel map, other condominium plan, or functionally equivalent map or instrument recorded in the Office of the Counry Recorder. The square footage of an Assessor's Parcel is equal to the Acreage multiplied by 43,560. "Act" means the Mcllo-Roos Community Facilirics Act of 1982, being Chapter 2.5, Pan 1,Division 2 of Title 5 of the Government Code of the State of California, as amended, which authorises the establishment of the District to finance: a) police protecrion services, and b) fire protection and suppression services, and life safety- services including but nor limited to ambulance and paramedic services. "Administrative Expenses" means the actual or estimated costs incurred by the Cary as administrator of the District to determine, levy and collect the Special Taxes, including the proportionate amount of the salaries and benefits of City employees whose duties are directly related to administration of the District and the fees of consultants, legal counsel, the costs of collecting installments of die Special Taxes upon the general tax rolls,preparation of required reports; and any other costs required to administer the District as dctem-uned by the Ciry. "Annual Escalation Factor" means the greater of the increase in the annual percentage change of the All Urban Consumers Consumer Price lndex (CPI) or the percent increase of salaries and benefits for public safety employees as stated in the Memorandum of Understanding for the fiscal year of the Special Tax. The annual CPI used shall be for the area of Los Angeles-Riverside-Orange County, CA as reflected in the then-current April update. The annual CPT used shall be as detemhmed by the United States Department of Labor, Bureau of Labor Statistics, and may be obtained through die California Division of Labor Statistics and Research (www.dir.ca.gov/dlsr). If die foregoing index is not available, the CFD Administrator shall select a reasonably comparable index. "Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned assessor's parcel number. "Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels by assessor's parcel number. "Base Year" means Fiscal Year ending June 30,2007. "City" means the City of Palm Springs. "Council" means the City Council of the City of Palm Springs, acting as the legislative body of the District. "County" means the County of Riverside,California. "Developed Multi-Family Residence" means all Assessor's Parcels of Developed Property for which a building permit has been issued for purposes of constructing a residential structure consisting of two or more residential units that share common walls, including, but nor limited to, duplexes,uuplexes,town homes,condominiums,and apartmcnc units. "Developed Property" means all Taxable Property, exclusive of Property Owner Association Property,Non-Residential Property, or Public Property, for which a building permit was issued after January 1, 2006 and prior to May 1st preceding the Fiscal Year in which die Special Tax is being levied. "Developed Single-Family Residence" means all Assessors' Parcels of Developed Property for which a building perrnit(s) has been issued fox purposes of constructing one single-family residential dwelling unit- "District Administrator" means an official of the City, or designee thereof, responsible for determining die Special Tax Requirement and providing for dic levy and collection of die Special Taxes. "District" means Commuiilty Facilities District No.2005-1 (Public Safety Services) of the City of Palm Springs. "Entitled Property" means ao Assessor's Parcel and/or Lot in the District,which has a Final Map recorded prior to January 1st preceding d2e Fiscal Year in which die Special Tax is being levied, but for which no building permit has been issued prior to the May 1't preceding the Fiscal Year in which the Special Tax is being levied. The term "Emided Property" shall apply only to Assessors' Paxeels and/or Lots,which have been subdivided for die purpose of residential development,excluding any Assessor's Parcel that is designated as a remainder parcel determined by final documents artd/or maps available to the District Administrator. "Final Map" means an Assessor's Parcel Map,a final subdivision map,other parcel map,other final map, other condominium plan, or functionally equivalent map that has been recorded in tic Office of the County Recorder. "Fiscal Year" means the period srarting]uly 1 and ending on the following June 30. "Land Use Class"means any of the classes listed in Tablc 1. "Lot" means property within a recorded Final Map identified by a for number for which a building pcmdt has been issued or may be issued. "Maximum Special Tax" means the maximurn Special Tax, determined in accordance with Section C below that can be levied in the District in any Fiscal Ycar on any Assessor's Parcel. "Non-Residential Property" means all Assessors' Parcels for which a building perinit(s) has been issued for a non-tesidcntial use and does not contain any residential units as defined under Developed Singlc Family Residence or Developed Multi-Fancily Residence. "Property Owner Association Property" means any property within the boundaries of the District that is owned by, or irrevocably dedicated as indicated in an instrument recorded with the County Recorder to a property owner association,including any master or sub-association. "proportionately" means in a manner such that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Assessor's Parcels within each Land Use Class. "Public Property" means any property within the boundaries of the District that is, at die time of the District formation or at the time of an annexation, expected to be used for rights-of-way,parks, schools or any other public purpose and is owned by or irrevocably offered for dedication to ttie federal government,the Stare, the County,the City or any other public agency. "Public Safety Service Costs" means the estimated and reasonable costs of providing police services and Fire protection and suppression servieeq and He safety services,including but not inured to (i) the costs of contracting services, (h) equipment, vehicles, ambulances and paramedics, fire apparatus,supplies, (iii) the salaries and benefits of Ciry staff that directly provide police services and fire protection and suppression services and life safety services, respectively, and (iv) City overhead costs associated with providing such services within the District. On each July 1 following the Base Year the increases atrributed to salaries and benefits shall be calculated and limited to the increase based on the Annual Escalation Factor.The Special Tax provides only partial funding for police, fire and llfc safety services. "Special Tax" means the Special Tax to be levied in cacti Fiscal Year on each Assessor's Parcel of Taxable Property to fund the Special Tax Requirement, and shall include Special Taxes levied or to be levied under Suctions C and D,below. "Special Tax Requirement" means that amount required in any Fiscal Year for the District to: (i) pay for Public Safety Service Costs, (ii) pay reasonable ildministradve Expenses; (iii) pay any amounts required to establish or replenish any reserve funds; and (iv) pay for reasonably anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes levied in the previous Fiscal Year;less any surplus of funds available from the previous Fiscal Year's Special Tax levy. "State" means the State of California. "Taxable Property" means all of die Assessor's Parcels within the boundaries of the District and any future annexation to the District that art not exempt from the Special Tax pursuant to law or as defined herein. "Tax-Exempt Property" means an Assessor's Parcel nor subject to the Special Tax. Tax-Exempt Property includes! (i) Public Property, (ii) Property Owner Association Property, (iii) Non-Residential Property,and (iv) property designated by the City or District Administraror as Tax-Exempr Property. "Undeveloped Property" means, for each Fiscal Year, all Assessor's Parcels of Taxable Property not classified as Developed Property or Entitled Property, including an Assessor's Parcel that is designated as a remainder parcel and is not idendfied as potential Public Property by any final documents and/or maps available to the District Administrator. "Unit" means any separate residential dwelling unit in which a person or persons may Live, which comprises an mdcpcndent facility capable of conveyance separate from adjacent residential dwelling units and is nor considered to be for commercial or industrial use. B. ASSIGNMENT TO LAND USE CATEGORIES Each Fiscal Year using the dcfrnirions above, all Taxable Property within the District shall be classified as Developed Property, Entitled Property, or Undeveloped Property. Developed Property shall be further classified as Developed Singlc-Family Residence or Developed Multi-Family Residence. Commencing with the Base Year and for each subsequent Fiscal Year, all Taxable Property shall be subject to Special Taxes pursuant to Sections C and D below. C. MAXIMUM SPECIAL TAX RATE 1. Developed Property TABLE I Maximum Special Tax for Developed Property Community Facilities District No.2005-1 (Public Safety Senzces) Maximum Land Use Description Special Tax Class Per Unit 1 Developed Single-Fammly $350 per Unit Residencc Developed Multi-family 2 y 5295 per Unit Residence On each July 1 following the Base Year (i.e.,July 1, 2007), the Maximum Special Tax Rates in Table 1 shall be increased in accordance with the Annual Escalation Factor. Once the Maximum Special Tax Per Unit is equal to 3500 per Unit, no further Annual Escalation Factor shall be applied and the Maximum Special Tax Per Unit shall nor exceed$500. 2. Entitled Property TABLE 2 Maximum Special Tax for Entitled Property Community Facilities District No.2005-1 (Public Safety Services) Maximum Special Land Use Description ".Pax Class Per Lot 3 Emndcd Property $100 per Lot No Annual Escalation Factor shall be applied to the Maximum Special Tax Per Lot for Entitled Property. 3. Undeveloped Property Undeveloped Property wi0 be assigned a Maximum Special Tax Rate of$500 per acre or portion thereof,warh a minimum rare of$100 for Undeveloped Property less than or equal to one-forth (1/4) of an Acre as described in Table 3. TABLE 3 Maximum Special Tax for Undeveloped Property Community Facilities District No. 2005-1 (Public Safety Services) Land Use Description Maximum Special",Pax Class Per Parcel/Acre 4 Undeveloped Property $100 per Assessors Parcel �1/4Acre 5 Undeveloped Property $500 per Acre >1/4 Acre No Annual Escalation Factor shall be applied to the Maximum Special Tax Par Parcel/Acre for Undeveloped Property-. 4. 'Tax-Exempt Property No Special Tax shall be levied on Tax-Exempt Propcury. 5. Multiple Land Use Classes In some hnsrances an Assessor's Parcel may contain more than one Land Use Class. The Maximum Special Tax levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax levies char can be imposed on all Land Use Classes locared on that Assessor's Parcel- D. METHOD OF APPORTIO ENT OF THE SPECIAL T Commencing with Fiscal Year 2006-07, and for each subsequent Fiscal Year, the District Administrator shall calculate the Special Tax Requirement based on die definitions in Section A and levy the Special Tax as follows until the amount of the Special Tax levied equals the Special Tax Requirement. First, the Special Tax shall be lcv-icd each Fiscal Year on each Assessor's Parcel of Developed Property Proportionately between Developed Singlc-Family Residence acid Developed Multi-Family Residence up ro 100% of the applicable Maximum Special Tax. Second,if the Special Tax Requirement has nor been satisfied by the first step, then the Special Tax shall be levied each Fiscal Year on each Assessor's Parcel of Entitled Property up to 1000/, of the applicable Maximum Special Tax for Entitled Property. Lasdy, if the first two steps have not satisfied the Special Tax Requirement, then the Special Tax shall be levied each Fiscal Year on each Assessor's Parcel of Undeveloped Property up to 100% of the applicable Maximum Special Tax for Undeveloped Property. F. APPEALS Any taxpayer that believes that die amount of the Special Tax assigned to an Assessor's Parcel is in error may file a written notice with the District Adminis'traror appealing the levy of the Special Tax. This notice is required to be filed with the District Admimstrator during the Fiscal Year the error is believed to have occurred. The District Administrator or designee will then promptly review the appeal and, if necessary, meet with the taxpayer. If the District Adminiscrator verifies that the tax should be changed the Special Tax levy shall be corrected and,if applicable in any case,a refund shall be granted. F, FiX MPTIONS _ 1. Residential Property Residential Properties which annually meet one or more of the following standards shall be exempt from payment of the Special Tax: A Residential Property conbisring of one or two person(s) earning S15,300 or less gross income per year, upon complying with procedures to establish such exemption,or a. A Residential Property consisting of three persons earning $17,900 or less gross income Per year,upon complying with procedures to establish such exemption,or b. A Residential Property which qualifies for either the Low Income Rate Assistance (LIRA) exemption for electrical or gas scn-iccs or the Lifeline exemption for telephone services. The City is authorized and directed to promulgate administrative Hiles and proecdnres for verification of eligibility for the exemptions referred to in secuon F. G. MANNER OF COLLECTION Special Tax as levied pursuant to Section D above shall be collected in the same manner and at the saint time as ordinary ad valorem properry taxes; pII)vided, however, that die District Administrator may directly bill the Special Tax,may collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations of the District or as otherwise determined appropriate by the District Administrator. H. TFRM OF SPECIAL TAX Every five years after the establishment of the District, die City Council may reexamine, if deemed necessary by City Council, the necessity of the continuance of the Special Tax through the preparation of a Fiscal Impact Analysts,otherwise the Special Tax shall be levied in perpetuity. w•1. h a� n' a> n .f 1 ^, F' i w rF, i EXHIBIT C SAMPLE BALLOT MEASURE r y , d v�. Jr � �r T t - SAMPLE BALLOT MEASURE PROPOSITION A: Shall special taxes be levied annually on taxable property within Annexation No. 4 of the City of Palm Springs Community Pacilitics District 2005-1 (Public Safety Services'), County of Riverside, State of California (the "District"); and ro levy and collect such special taxes so long as the special taxes are needed m pay for police services, fire protecrion and suppression services at the special tax rates and pursuant to the method of apportioning the special taxes set forth in Exhibit `B" to the Resolution of Formation (Resolution No.21428) adopted by the City Council of the City of Palm Springs on October 19,2005? PROPOSTTION B: Shall an appropriations limit, as defined by subdivision (h) of Section 8 of Article XIIIB of the California Constitution, be established for Annexation No. 4 of the City of Palm Springs Community Facilities District 2005-1 (Public Safety Services), County of Riverside, State of California, in the amount of$115,500,000? WAIVER OF CERTAIN ELECTION PROCEDURES WITH RESPECT TO LANDOWNER VOTER ELECTIONS WITHIN AND FOR PROPERTY PROPOSED TO BE ANNEXED INTO COMMUNITY FACILITIES DISTRICT NO. 2005-1 OF THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE,STATE OF CALIFORNIA TO: CITY COUNCIL CITY OF PALM SPRINGS The undersigned PROPERTY OWNER, or representative thereof, does hereby CERTIFY under penalty of perjury,that the following statements are all true and correcr- PROPERTY OWNER CONSENT AND WAIVER 1. The undersigned is the owner or the duly authorized representative of the ownez or owners (the "Owner") of that certain real property identified in Exhibit "A" attached hereto and incorporated herein by this reference ("Owner's Property"), and is legally authorized to give the consent and waiver cornimcd herein as such owner or on behalf of such owner. 2. Owner is aware of,understands and agrees to the following;: A. The City of Palm Springs (the "City") has conducted proceedings pursuant to die "Mello- Roos Community Facilities Act of 1952", as amended, (the "Act") to form City of Palm Springs Community Facilitics District No. 2005-1 (Public Services) (the "District") for the purpose of financing certain public services as described below: PUBLIC SAFETY SERVICES Police services, fire protection and suppression services, and life safety services (the "Services'D of the City of Palm Springs required to sustain the service delivery capability for emergency and non-emergency services to new growth areas of the City of Palm Springs, including but not limited to,equipmenr,vehicles,ambulances and paramedics, fire apparatus, services, supplies and personnel; provided, however, that any increases in special taxCs for costs related to employee wages and benefirs shall be limited as provided in the Rate and Method of Apportionment of the Special Taxes to fund such Services. Owner's Property is located within the proposed boundaries of the area to be annexed to the District ("Annexation No. 4"). If Annexation No. 4 is annexed to the District,the Owner's Property Will be subject to the levy of the special taxes for the District(the"Special Taus"). - A copy of the proposed rate and method of apportionment for the special tax (the "Rate and Method")is s'ct forth in"Lxhtbit B"attached hereto- B. Owner has had a reasonable opportunity to review and has reviewed the Rate and Method of Apportionment. C. The Act requires, as a prerequisite to annexing territory to die District, specifically Annexation No. 4, that the City Council adopts a resolution declaring the intention of the City Council to annex Annexation No. 4 to the District (the "Resolution of Intention")-The Act further requires that die City Council,in the Resolution of Intention, to fix die time and place fora public hearing on the annexation of Annexation No.4 to the District(the"Public Hearing") which shall be not less than thirty (30) nor more than sixty (60) days after the adoption of the Resolution of Intention. The Act further requires that notice of such a public hearing be published at least seven (7) days prior to the date of such public hearing. D. The Act requires, as a prerequisite to the levy of the Special Taxes, that the District must submit the question of whether or not to levy such special tax to the qualified electors of the territory to be annexed to the District at a special election. The Act further provides that two-thirds (2/3's) of the votes cast on the question of whether or not to levy the special tax must be in favor of the levy of such special tax if die levy of such special tax is to be authorized. The Act provides that the qualified ulecrors shall be the voters registered to vote within the territory proposed to be included in die District if at least twelve (12) persons,who need nor necessarily be the same twelve (12) pergnnq, have been registered to vote within such territory for each of the ninety (90) days preceding die close of the Public Hearing.scheduled to occur on June 20, 2007. Otherwise, the Act provides chat the vote shall be by the landowners of territory proposed to he annexed to the District which will be subject to the levy of the special tax,with each such landowner who is the owner of record at die close of the Public.Hearing,or tic authorized representative of such owner,having one vote for each acre or portion of an acre of land that such landowner owns within the proposed tcrrirory to he annexed to the District. F. The provisions of the Act require that such special election be held at least ninety (90) but not more than one hundred eighty days (180) following the date of the adoption of the resolution submitting the proposal to consider the authorization to levy the special taxes pursuant to the Rate and Method on the territory proposed to be annexed to the District to the qualified electors thereof(the "Resolution of Formation"). Election Code Section 4000 provides that a special election to authorize the levy of a special tax may be conducted by mail if such an election is held on one of die following established mail ballor election dates (the "Established Mailed Ballot Election Dates'): (a) the first Tuesday after the first Monday in May of each year, (b) the first Tuesday after the first Monday in March of each even- numbered year or (c) the last Tuesday in August of each year. The Act provides, however, that any such special election time limit specified by the Act or requirement pertaining to the conduct of such a special election may be waived with the unanimous consent of the qualified electors and the concurrence of the official conducting the election. As is stated below,it is proposed that such special election (die "Special Election") shall be held on june 20,2007, a date which will be less than ninety (90) days from the date of the Public Hearing and not on a date specified in Elections Code section 4000. 3. Owner has had a reasonable opportunity to consulr with and to be advised by Owner's legal counsel regarding the matters contained in this document and the exhibits hereto. 4. Owner certifies that there have been no persons residing and registered to vote Within the Owncr's Property for each of the ninety(90) days preceding die date of this Consent and Waiver. 5. Owner desires and requests that the special election be held on June 20, 2007,or such other dare as the Owner and the City Clerk of the City (die "City Clerk'), acting as the official conducting the election, may mutually agree, a date which may be less than ninety (90) days from the date of die adoption of die Resolution of Annexation. 6. Owner expressly consents (a) to the conduct of the public hcaring on June 20, 2007, and (b) to die conduct of the Special Election on June 20,2007, or such odor date upon which all of the qualified electors and the City Clerk conducting the election may concur- 7- Owner expressly waives: A. any nghr which Owner may have to have the Public Hearing conducted and notice of the Public.Hearing given within die time periods and in accordance with the manner specified in Government Code Sections 53321 and 53322; IS. any right which Owner may have for Ehe Special Eicetion to be conducted widtin die time periods specified in Government Code Section 53326; C. any right which Owner may have for the Special Election to be conducted on a date specified in Elections Code Section 4000; D. any protest, complaint or legal action of any nature whatsoever pertaining to Elie shortening of all time periods pertaining to (a) zhc Public Hearing and notice thereof and (b) the Special Election, including but not limited to, ehe time for holding the Special Election and The necessity and requirement for any newspaper publication of the notice of the Special Election; E. any requirement for die mailing of ncc bailor, F. any requirement for the preparation of ballot arguments, rebuttal arguments and/or an impartial analysis as to the ballot propositions scE forth in Exhibit C. 8. Owner expressly consents to (a) the proposed levy of special taxes within Annexation No.4 pursuant to the provisions of the Act and the rare and method of appordomment of special taxes to finance the services described above and (b) esEablish an Article XIII13 appropriations limit equal to $115,500,000. PROPERTY OWNER PPOINTMENT OF AIITHORIZETJ REPRESENTATIVES The owner hereby appoints or , altcrnarively, as its aurhonzcd represcntarive to vote in the Spccial Elccrion, and the owner certifies that the true and exact signature of each alternative representative is set forth below: Signature (Type or Print Name of Representative) Signatnc Cf'ypc or Print Naive of Repres'cntanve) [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.] THIS CONSENT AND WAIVER AND APPOTNTMLNT OF AUTRORIZED REPRESENTATIVES was cxecuLed this day of ---w'z>--� ,2007,in 0/. ,Cf�.r, nS ,California. gnamrc) �rSo/1/ Type or Print Namc of Signor If the person cxecuLiag tills docllnlent is not the Owner for which this documcnr is being submitted but is signing for and on behalf of the Owner,please fill in the name of the Owner on the line prcnidcd below: (Type or print nanc of the Owner) I r s� pn tr a s 1n dy. EXHIBIT A DESCRIPTION OF PROPERTY r Y 0. .L f y, i DESCRIPTION OF PROPERTY The land referred ro is simarcd in the County of Riverside,Ciry of Palm Springs,Srtrc of California and is described as the following Riverside County Assessor Parcel Number(s)! Lot 7 within Tract 33878-1, which Tract Map was recorded with the Riverside County Recorder on February 8,2007 in Book 416 at Pages 1-5 S }"rr y"Jr. J i .rY EXHIBIT B RATE AND METHOD OF APPORTIONMENT r0k, 1, 1. S EXHIBIT B CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO.2005-1 (PUBLIC SAFETY SERVICES) RATE AND METHOD OF APPORTIONMENT A Special Tax of Community Facilities District No. 2005-1 (Public Safety Services) of the City of Palm Springs (the "District") shall be levied on all Assessor's Parcels in the District and collected each Fiscal Year commencing in Fiscal Year 2006-07 in an amount determined by the City through the application of the rate and method of apportionment of the Special Tax ser forth below. All of the seal property in the District, unless exempted by law or by die provisions hereof, shall be taxed for the purposes, to the extenr and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meanings: "Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final subdivision map, other Fnal map, other parcel map, other condominium plan, or fimerionally equivalent map or instrument recorded in the Office of die County Recorder. The square footage of an Assessor's Parcel is equal to the Acreage multiplied by 43,500. "Act" means die Mello-Roos Community Facilities Act of 1982, being Chapter 2.5, Parr 1,Division 2 of Tide 5 of die Government Code of the Srare of California, as amended, which authorizes the establishment of the District to finance a) police protection services, and b) fire protection and suppression services, and life safety services including but not limited to ambulance and paramedic senices. "Addministrative Expenses" means the actual or estimated costs incurred by the City as administrator of the District to determine, levy and collect the Special Taxes, including the proportionate amount of the salaries and benefits of City employees whose duties are directly related to administration of the District and the fees of consultants, legal counsel, the costs of collecting installments of the Special Taxes upon die general tax rolls, preparation of required reports; and any other costs required to administer the District as determined by the City. "Annual Escalation Factor means the greater of the increase in the annual percentage change of die All Urban Consumers Consumer Price Index (CPI) or the percent increase of salaries and benefits for public safety employees as stated in the Memorandum of Understanding for the fiscal year of the Special Tax. The annual CPI used shall be for the area of Los Angeles-Riverside-Orange County, CA as reflected in the then-current April update. The annual CPI used shall be as determined by die United Stares Department of Labor, Bureau of labor Statistics, and may be obtained through the California Division of Labor Statistics and Research (wanv.dir.ca.gov/dlsr). If die foregoing index is nor available, the CFD Administrator shall select a reasonably comparable index. "Assessor's Parcel" means a lot or parcel shown in an Assessor's Parccl Map with an assigned assessors parcel number. i i i "Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels by assessor's parcel number. "Base Year"means Fiscal Year ending June 30,2007. "City"means the City of Palm Springs. "Council" means the City Council of the City of Palm Springs, acting as die legislative body of die District. "County"means the County of Riverside,California, "Developed Multi-Family Residence" means all Assessor's Parcels of Devclopcd Property for which a building permit has been issued (or purposes of constructing a residential srmcture consisting of two or more residential units that share common walls, including, but nor limired to, duplexes,triplexes,town homes,condominiums,and apartment units. "Developed Property" means all Taxablc Property, exclusive of Property Owner Association Property,Non-Residential Property, or Public Property, for which a building permir was issued after January 1, 2006 and prior to May 1st preceding the Fiscal Year in which the Special Tax is being levied. "Developed Single-Family Residence" means all Assessors' Parcels of Developed Property for which a building permit(s) has been issued for purposes of constructing one single-family residential dwelling unit. "District Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tay Rcquiremcnt and providing for the levy and collection of the Special Taxes. "District"means Community Facilities District No.2005-1 (Public Safety Services) of tie City of Palm Springs. "Entitled Property" means an Assessor's Parcel and/or Lot in the District,which has a Final Map recorded prior to January 1sr preceding the Fiscal Year in which the Special Taut is being levied, but for which no building permit has been issued prior to the May 1,=preceding The Fiscal Ycar in which the Special Tax is being levied. The tern "Entitled Property" shall apply only to Assessors' Parcels and/or Lots,which have been subdivided for the purpose of residential development, excluding any Assessor's Parcel that 1s designated as a remainder parcel determined by final documents and/or maps available to the District Administrator. "Final Map" means an Assessor's Parcel Map,a final subdivision map,other parcel map,other final map, other condominium plan, or functionally equivalent map that has been recorded in ncc Office of the County Recorder. "Fiscal Year" means The period srarting July 1 and ending on rho following Junc 30. "Land Use Class" means any of the classes listed in Table 1. "Lot" means property within a recorded Final Map identified by a lot number for which a building permit has been issued or may be issued. "Maximum Special Tax" means tic maximum Special Tax, determined in accordance with Section C below that can be levied in the District in any Fiscal Year on any Assessor's Parcel. "Non-Residential Property" means all Assessors' Parcels for which a building permit(s) has been issued for a non-residential use and does not contain any residential mhits as defined under Developed Single Family Residence or Developed Multi-Family Residence. "Property Owner Association Property" means any property-within the boundarics of the District that is owned by, or irrevocably dedicated as indicated in an instrument recorded with the Counry Recorder to a property owner association,including any master or sub-association. "Proportionately" means in a manner such thar the ratio of the actual Special Tax levy to the Maximum Special Tax is equat for all Assessor's Parcels within each Land Use Class. "Public Property" means any property within the boundaries of the Districr that is, at the time of die District formation or ar the time of an annexation, expected to be used for rigbts-of-way,parks, schools or any other public purpose and is owned by or irrevocably offered for dedication ro the federal government,the State,the County-, the City or any other public agency. "Public Safety Service Costs" means de estimated and reasonable costs of providing police services and fire protection and suppression services and life safety services,including but not limited to (i) the costs of contracting services, (i) equipment, vehicles, ambulances and paramedics, fire apparatus, supplies, (iii) the balanes and benefits of City staff that directly provide police services and fire protection and suppression services and life safety services, respectively, and (iv) City overhead costs associated with providing such services within the District. On each July 1 following the Base Year the increases attributed to salaries and benefits shall be calculated and limited to die increase based on the Annual Escalation Factor.The Special Tax provides only partial funding for police, fire and life safety services. "Special Tax" means the Special Tax to be levied in each Fiscal Year on each Assessor's Parcel of Taxable Property to fund the Special Tax Requirement, and shall include Special Taxes levied or to be levied under Sections C and D,below. "Special Tax Requirement" means chat amotmr required in any Fiscal Year for the District to: (i) pay for Public Safety Service Costs; (h) pay reasonable Administrarive Expenses; (iii) pay any amounts required to establish or replenish any reserve funds; and (iv) pay for reasonably anticipated delinqucnr Special Taxes based on the delinquency rare for Special Taxes levied in the previous Fiscal Year;less any surplus of funds available from the previous Fiscal Ycar's Special Tax levy. "State"means the State of California. "Taxable Property" means all of the Assessor's Parcels within the boundaries of the District and any future annexation to the District that are not exempt from the Special Tax pursuant to law or as defined herein- "Tax-Exempt Property" means an Assessor's Parcel not subject to the Special Tax. Tax-Exempt Property includes: (i)Public Property, (ii) Property Owner Association Property, (iii) Non-Residcndal Property,and (iv) property designated by the City of District Administrator as Tax-Exempt Property. "Undeveloped Property" means, for each Fiscal Year, all Assessor's Parcels of Taxable Property nor classified as Developed Property or Entitled Property, including an Assessor's Parcel that is designated as a remainder parcel and is not idenrificd as potential Public Property by any final dactuncnrs and/or maps available to the District Administrator. "Unit" means any separate residential dwelling unit in which a person or persons may live, winch comprises an independent facility capable of conveyance separate from adjacent residential dwelling units and is nor considered to be for commercial or industrial use- B. ASSICNMFNT TO LAND USE CATEGORIES Each Fiscal Year using the definitions above, all Taxable Property within the District shall be classified as Developed Property, Entitled Property, or Undeveloped Property. Developed Property shall be further classified as Developed Single-family Residence or Developed Multi-Family Residence. Commencing with the Base Year and for each subsequent Fiscal Year, all Taxable Properry shall be subject to Special Taxes pursuant ro Sections C and D below- C. MAXIMUM SPECIAL TAX RATE 1. Developed Property TABLE I Maximum Special Tax for Developed Property Community Facilities District No. 2005-1 (Public Safety Services) Maximum Land Use Description Special Tax Class Per Unit 1 Developed Singlc-Family $350 per Unit Residence 2 Developed Multi-Family Residence $295 per Unit On each July 1 following the Base Year (i.e.,July 1, 2007), the Maximum Special Tax Rates in Table 1 shall be increased in accordance with the Annual Escalation Factor. Once the Maximum Special Tax Per Unit is equal to $500 per Unir, no further Annual Escalation Factor shall be applied and the Maximum Special Tax Per Unit shall not exceed$500. 2. Entitled Property TABLE 2 Maximum Special Tax for Entitled Property Community Facilities District No-2005-1 (Public Safety Services) Maximum Special Land Use Description Tax Class Per Lot 3 Entiried Property $100 per Lot No Annual Escalation Factor shall be applied to the Maximum Special Tax Per Lot for En utled Property. 3. Undeveloped Property Undeveloped Property will be assigned a Maximum Special Tax Rate of$500 per acre or portion thereof,with a minimum rate of 5100 for Undeveloped Property less than or equal to one-forth (1/4) of an Acre as described in Table 3. TABLE,3 Maximum Special Tax for Undeveloped Property Community Facilities District No.2005-1 (Public Safety Services) Land Use Description Maximum Special Tax Class Per Parcel/Acrc 4 Undeveloped Property $100 per Assessors Parcel 51/4 Acre 5 Undcvclopcd Property 5500 per Acre 71/4 Acre No Annual Escalation Factor shall be applied to the Maximum Special Tax Per Parcel/Acre for Undeveloped Property. q- ',Pax-Exempt Property No Special Tax shall be levied on Tax-Exempt Property. 5. Multiple Land Use Classes In some instances an Assessor's Parcel may contain more than one Land Use Class. The Maximum Special Tax levied on an Assessor's Parcel shall be the sum of the Maximum Special Taff levies that can be imposed on all band Use Classes located on that Assessor's Parcel. D. METHOD OP APPORTIONMFNTOFT.K SPF-C.1Ai^TAX Commencing with Fiscal Year 2006-07, and for each subsequent Fiscal Year, the Dlsmct Administrator shall calculate the Special.Tmx Requirement based on the definitions in Section A and levy the Special Tax as Follows until the amount of ncc Special Tax levied equals the Special Tax Requirement. First, the Special Tax shall be levied each Fiscal Year on each Assessor's Parcel of Developed Property Proportionately between Developed Single-Fainily Residence and Developed Multi-Family Residence up to 100% of the applicable Maximum Special Tax. Second,if the Special Tax Acquirement has nor been satisfied by the first s'tcp, then the Special Tax shall be levied each Fiscal Year on each Assessor's Parcel of Entitled Property up to 100% of the applicable Maximum Special Tax for Entitled Property. Lastly, if the first two steps have not satisfied the Speclal Tax Requirement, then the Special Tax shall be levied each Fiscal Year on each Assessor's Parcel of Undeveloped Property up to 100% of the applicable Maaimam Special Tax for Undeveloped CC Property. C. APPEALS Any taxpayer daat believes that the amount of the Special Tax assigned to an Assessor's Parcel is in error may file a written notice with the District Administrator appealing the levy of the Special Tax. This notice is required to be filed with the District Administrator during the Fiscal Year the error is believed to have occurred. The District Administrator or designee will then promptly review the appeal and, if necessary, meet with the taxpayer. If the Disurict Adininistrator verifies that the tax should be changed the Special Tax levy shall be corrected and,if applicable in any case, a refund shall be granted. F. �',�FMPTIONS 1. Residential Property Residential Properties which annually meet one or more of the following standards shall be exempt from payment of the Special Tax: A Residential Property consisting of one or two pers'on(s) earning $15,300 or less gross income per year, upon complying with procedures to establish such exemption,or a. A Residenual Property consisting of three persons canning $17,900 or less gross income per year,upon complying with procedures to establish such exemption,or b. A Residential Property which qualifies for either the Low Income Rate Assistance (LIRA) exemption for electrical or gas services or the Lifeline exemption for telephone services. The City is authorized and directed to promulgate administrative rules and procedures for verification of eligibility for the exemptions referred to to section F. G. MANNER OF COLLECTION Special Tax as levied pursuant to Section D above shall be collected in the sane manner and at the same time as ordinary ad valorem property taxes; prodded, however, that the District Administrator may directly bill the Special Tax,may collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations of the District or as otherwise detetmmed appropriate by the]district Adminisuator. H. TERM OF SPECIAL TAX Every five years after the establishment of the District, the Ciry Council way reexanune, if deemed necessary by City Council, the necessity of the continuance of the Special Tax through the preparation of a fiscal Impact Analysis,otherwise the Special Tax shall be levied in perpetuity. r �ro A /r �4 A AA 1� p� J J� .P r� EXHIBIT C SAMPLE BALLOT MEASURE 0�. r r SAMPLE BALLOT MEASURE PROPOSITION A: Shall special taxes be levied annually on taxahle properry within Annexation No. 4 of the City of Palm Springs Community Facilities District 2005-1 (Public Safety Sen-ices), County of Riverside, Stare of California (the "Districr'�; and to levy and collect such special taxes so long as the special taxes are needed to pay for police sen-1ces, fire protection and suppression services at the special tax rates and pursuant to Elie method of apportioning the special taxes set forth in Exlvbit "B" to the Resolution of Formation (Resolution No.21428) adopted by the City Council of the Ciry of Palm Springs on October 19,2005? PROPOSITION : Shall an appropriations limit, as defined by subdivision (b) of Section 8 of Article XIIIB of the California Constitution, be established for Annexation No. 4 of the City of Palm Springs Community Facilities District 2005-1 (Public Safety Senices), County of Riverside, State of Califomia, in the amounr of $115,500,000? it I I I s: WAIVER OF CERTAIN ELECTION PROCEDURES WITH RESPECT TO LANDOWNER VOTER ELECTIONS WITHIN AND FOR PROPERTY PROPOSED TO BE ANNEXED INTO COMMUNITY FACILITIES DISTRICT NO. 2005-1 OF THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE,STATE OF CALIFORNIA TO; CITY COUNCIL CITY OF PALM SPRTNGS The undersigned PROPERTY OWNER, or represenlaltvc thereof, does hereby CL^'RTIAY under penalry-of perjury,thar the following sraiernents are all true and corrccr: PROPERTY f WNER—CONSENT AND WAIVER 1. The undersigned is the owner or the duly authorized rcpresenratnve of the owner or UwnCrS (the "Ownex") of that certain real property identified in Exhibit "A" artached hereto and incorporated herein by this reference ("Owner's Property"), and is legally authorized to give the consent and waiver conrauied herein as such owner or on behalf of such owner 2 Owner is aware of,understands and agrees to the following A. The City of Palm Springs (the "City") has conducted proceedings pursuant to the "Mcllo- Roos Commumty Facilities Acr of 1982", as amended, (the "Act") to form City of Palm Springs Communiry Facilities District No. 2005-1 (Public Services) (clue "District") for die purpose of fmancing certain public services as described below: PUBLIC SAFETY SERVICES Police services, fire pxotectxon and suppression services, and life safety services (the "Services' of the City of Palm Springs required to susraut the service delivery capability for emergency and non-emergency services ro new growth areas of the City of Palm Springs, including bur not lnnired to, equipment,vehicles,ambulances and paramedics,fire appararus, services, supplies and personnel; provided, however, rhat any increases in special taxes for costs related to employee wages and benefrrs shall be limited as prodded in the Rate and Method of Apportionment of the Special Taxes to hind such Services. Owner's Property is located within the proposed boundaries of the area to be annexed to the District ("Annexation No 1"). if Annexation No. 4 is annexed to the District, The Owner's Property will be subject to the levy of the special taxes for the Dnsrnct (the "Spectal Taxes"). A copy of the proposed rare and method of appornonmcnr for the special tax (the "Rate and Method")is ser forth in "Exhibit B"artached herein 13. Owner has had a reasonable oppomunrry to review and has reviewed the Rate and Method of Apportionment. C. The Act requires, as a prereqursue ro annexing territory to the Distnet, specifically Annexanon No. 4, thar the City Council adopts a resolunon declaring the intention of the City Council to annex Annexation No. 4 to the District (tine "Resolution of Invention"). Thy Act further requircS that the. City- Council,nn die Resolution of Inrendon, to f1x the time and place for a public hearing on the annexation of Annexation No.4 to the District(die"Pubhe Hearing") which shall be not less Than Ehitry (30) nor more than sixty (60) days after the adoption of the Resolution of Intention. The _lcr further requires that notice of such a public hearing be published at least seven (7) days prior To die date of such public hearing. D. The Act requires, as a prerequhshte ro the levy- of the Special Taxes, char die District must submit the question of whether or not to levy such special tax to the qualified electors of the ternroi}' ro be annexed to the Dornet at a special election. The :\cr fitrrher provides that two-thirds (2/3's) of tic vores cast on the quusuon of whether or nor to leery-the special lax must be in favor of the levy of such special tax If the levy of such special rax is to be anrinonzcd. The.SCE provides- that the qualified electors shall be die voters registered to vote witntn die territory proposed To be included in the District-if at leasr twelve (12) persons,who need not necessarily be to same twelve (12) persons, have been registered to vote within such temrory-for each of the moiety (90) days preceding the close of the Public Hearing scheduled to occur on June 20, 2007, Otherwise, the Act provides that the vote shall be by die landowners of ternrory proposed to be annexed in the District which will be subject rn The levy of the special tax,with each such landowner who is the ownei of record at the close of the Public Hearing,or The authorized represenranve of such owner,having one vore for each acre or portion of an acre of land Char such landowner owns within the proposed rerritory to be annexed to the Districr. F. The provisions of the Act require that such special election be held at least vinery (90) bur not more than one hundred eighty days (180) following the date of the adoption of The resolution s-ubmitung the proposal ro consider the authorization to levy the special taxes pursuanr to the Rate and Method on The rerrimiy proposed to be annexed to The District Eo the qualified electors thereof (the "Resolution of Formation'). Election Code Section 4000 provides that a special eleerion ro authorize the levy of a special tax may be conducted by mad if such an election is held on one of The Following established mail ballot election dates (the"Established Mated Ballot Election Dates"): (a) the first Tuesday after The first Monday in Nlay of each year, (b) the first Tuesday after the fuse Monday in March of each even- numbered year or (c) the Iasi Tuesday in August of each year- The _act provides-, however, that any such special election time limit specified by the_act or requirement perratrung ro the conduct of such a special elcetioa may be waived with die unanimous consenr of the qualified electors and Elie concurrence of the official conducting the election. As is stated below,it is proposed thar such special election (the "Special Election') shall be held on June 20,2007,a dare which.will be less than ninery (90) days from the date of The Public Hearing and not on a dare specified in Elections Code suction 4000, 3. Owner has had a reasonable oppominiry to consult.with and ro be advised by Owner's legal counsel regarding the matters contained in this document and die exhibits berero. 4. Owner cernfirs that there have been no persons residing and registered to vore within the Owner's Propcity for each of the ninety (90) days preceding the date of this Consent and Waiver 5. Owner desires and rcqucsis Char The special election be held on June 20, 2007, or such other date as the Owner and Elie City Clerk of the City (Elie "City Clerk"), acting as the official conducting the clecdon, may mutually agree, a date which may be less than nincry, (90) days from the dare of Elie adoption of the Resolution of Annexation. G. Owns expressly consents (a) to the conduct of the public hearing on June 20, 2007, and (b) to the conduct of the Special Eleerion on June 20, 2007, or such other dare upon which all of the qualified electors and the City Clerk conducring the election may concur. 7. Owncr expressly waives A- any right which Owner may have to have the Public Hearing conducted and notice of the Public Hearing given within the lime periods and in accordance with the manner specified in Government Code Sections 53321 and 53322, B. any right which Owner may have for the Special Election to be conducted within the tune periods specified in Government Code Section 53326; C. any right which Owner may have for the Special Elecuon to be conducted on a date specified in Elections Code Section 4000; D. any protest, complaint or legal action of any nature whatsoever pertaining to the shortening of all tune periods pertaming to (a) the Public Hearing and notice thereof and (b) the Special Election, including but not limited to, the time for holding the Special Election and the necessity and requirement for any newspaper publication of the nonce of the Special Election; F. any requirement for the mailing of the ballot; F. any requirement for the preparation of hallor arguments, rebuttal arguments and/or an impartial analysis as to the ballor propositions set forth in Exhibit C. S. Owner expressly consents to (a) the proposed levy of special taxes within.Annexation No 4 pursuant to the provisions of the Act and the rate and method of appomonment of special taxes to finance the services described above and 03) establish an Article Ill1B appropriations limit equal to $115,500,000, PROPERTY OWNER APPOINTMENT OF AUTHORIZED REPRESENTATIVES The owner hereby appomrs or , alternaLix,cly, as its aurhoxu'.cd represemarivc to vote ni the Special Election, and Lhe owner cer65us that the true and exact signature of each alternative representative is' scl forth below. Signature (I),pc or Print Name of Represenra(ivc) Signature (Type or Prue Namc.of Represenrarive) [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.] T1IIS CONSENT AND WAIVER AND APPOINTMENT OF AUTHORIZED REPRESENTATIVES was executed this_day of ,2007,in n ,California. (Signature) ?LAC-2 Type or Frinr Name of Signor If die person executing this document is not the Owner for which this document is being submitted but is signing for and on behalf of the Owner,please PIl in the name of the Owner on the line provided below: (Type or prim name of the Owner) 4, EXHIBIT A DESCRIPTION OF PROPERTY I W4. 4 h DESCRIPTION OF PROPERTY The land referred co is situaicd in dic Count} of Riverside, Cv) of Pahn Springs,Srare of California and is described as the followuig Riverside County Assessor Parcel Number(s) Lot 6 within Tract 33878-1, which Tract Map was recorded with the Riverside County Recorder on February 8,2007 in Boole 416 at Pages 1-5 EXHIBIT B RATE AND METHOD OF APPORTIONMENT i, i `tiJ EX141BIT B CITY OF PALM SPRINGS COMMUNITY PACILITIES DISTRICT NO-2005-1 (PUBLIC SAFETY SERVICES) RATE AND METHOD Or APPORTIONMENT A Special Tax of Community Facilities District No. 2005-1 (Public Safety Services) of the City of Palm Springs (the "District") shall be levied on all Assessors Parcels in the District and collected each Fiscal Year commencing in fiscal Year 2006-07 in in amount determined by the City through the application of the rate and method of apportionment of the Special Wax set forth below. All of the real property in the District, unless exempted by law or by the provisions hereof, shall he rased for the purposes, to Elie extent and in die manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meanings. "Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessors Parcel Map, or if the land area is not shown on an Assessors Parcel Map, the land area shown on the applicable final subdivision map, other futal map, ocher parcel map, other condomiruum plan, or functionally equivalent map or instrument recorded in Ore Office of the County Recorder. The square footage of an Assessor's Parcel is equal to lhr Acreage multiplied by 43,560. "Act" means the Dlcllo-Roos Community Facihucs Act of 1982,being Chapter 2.5,Part 1, Division 2 of Title 5 of the Government Code of the $rate of California, as amended, which authorizes die establishment of the District to finance a) police protection services, and b) fire protection and suppression services, and life safety services including but not limited to ambulance and paramedic services- "Administrative Expenses" means the actual or estimated costs maincd by the City as administrator of die District to determine, levy and collect the Special Taxes, iircluding to proportionate amount of the salaries and benefits of City employees whose duties are directly related to administration of the District and the fees of consultants, legal counsel, the costs of collecting installments of the Special Taxes upon the general tax rolls, preparation of required reports; and any other costs required to admiimsrer die District as detcmun.cd by the City "Annual Escalation Factor" means the greater of the increase in the annual percentage change of the All Urban Consumers Consumer Price index (CPI) or the percent increase of salaries and benefits for public safety employees as stared in the Memorandum of UndeT,tmndmg for the fiscal year of the Special Tax. The annual CPI used shall be for the area of Los :\ngeles-Riverside-Orange County, CA as reflected in the dicn-current April update. The annual CPT used shall be as determined by the United Scales Department of Labor, Bureau of Labor Statistics, and may be obtained through Elie California Division of Labor Statistics and Research (wivw.dir ,g caov/dNr). If die foregoing index is nor available, the CI-D Administramr shall select a reasonably comparable index. "Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned assessor's parcel number. "Assessor's Parcel Map" means an official map of Elie assessor of the Cuunty designating parcels by assessor's parcel number- "Base Year" means Fiscal Year endnhg1unc 30,2007. "City" means the City of Palm Sprigs. "Council" means the City Council of the City of Palen Springs, acting as the legislative body of the District. "County" means die County of Riverside,California. "Developed Multi-Family Residence" means all assessor's Parcels of Developed Property for which a building permit has been issued for purposes of consrructuhg a resndcnual stiucnire consisting of Roo or more residential units that tihaTc common Walls, including, but nor limited to, duplexes, triplexes,rows homes,condominiums,and apirt-mrnl units. "Developed Property-" mcans all faxabic Properiy, cxclusive of Property Owner Associanon Property,Nan-Residcanal Property, or Public Proprrty, for which a building permit was issued afrer January 1, 2006 and prior ro May 1st preceding the Fiscal Year in which the Special Tax is being levied. "Developed Single-Family Residence" means all assessors' Parcels of Developed Property for which a building permit(s) has been issued for purposes of constructing one single-family residential dwelling umr. "District Administrator" means an official of the City, or designee thereof, responsible for detemhiiing the Special Tax Requirement and providuig foe the levy and collection of the Special Taxes. "District" mcans Community Facilities District No.2005-1 (Public Safety Services) of the City of Palm Springs "Entitled property" means all Assessor's Parcel and/or Lot in the District,which has a Final Map recorded prior to January 1st preceding the Fiscal year in which Elie Special Tax is being levied, but for which no building permit has been issued prior to the May V preceding the Fiscal Year in which the Special Tax is being levied. The rerrn "Endded Property" shall apply only to assessors'Parcels and/or Lots, which have been subdivided for the purpose of residential development, excluding any assessor's Parcel that is designated as a remainder parcel determined by final documents and/or maps available to the Dnsmci administrator. "Final Map" means an Assessor's Parcel Vlap, a final subdivision map,other parcel map,other final map, other condominium plan, or functionally cquivalem reap that has been recorded in The Office of die Counry Recorder. "Fiscal Year" means the period starting July 1 and cndnhg on the following June 30. "Land Use Class" means any of the classes listed in Table 1. "Lot" means property within a recorded Final Map identified by a lot number for which a building permit has been issued or may be issued. "Maximum Special Tan," means the maximum Special Tax, deternnncd in accordance with Section C below tbar can be levied in the District in any Fiscal Year on any Assessor's- Parcel, "Non-Residential Property" means all Assessors' Parcels for which a building pczmit(s) has been issued for a non-residential use and does not contain any residential units as defined under Developed Smglc Family Residence or Developed Multi-Family Residence. "Property Owner Association Property" means any property within The boundaries of die District that is owned hy, or irrevocably dedicated as tridicated in an instrument recorded with the County Recorder to a properry owner association,including any master or sub-association. "Proportionately" means in a manner such Thar the ratio of the actual Special Tax levy to the iVlaxirnum Special Tax is equal for all Assessor's Parcels within each Land Use Class. "Public Property" means any property within the boundaries of the District that is, at the time of die District formation or at the time of an annexation, expected to be used for rights-of-way,parks, schools or any other public purpose and is owned by or irrevocably offered for dedication to the federal government,the Stale, the County,the Ciry or any other public agency "Public Safety Service Costs" means the estunated and reasonable costs of providing police services and fire protection and suppression services and life safcty services,including but not limited to (i) ncc costs of contracting services, (ii) equipment, vehicles, ambulances and paramedics, fire apparatus, supplies, (id) the salaries and benefits- of City staff that directly provide police services and fire protection and suppression services and life safety services, respectively, and (iv) City- overhead costs associated with providing such services within the District. On each July 1 following the Base Year die increases attributed to salaries and benefits shall be calculated and limited to the increase based on the Annual Escalarion Factor.The Special Tax provides only parrial funding for police, fire and life safety scmaces. "Special Tax" means the Special Tax to be levied in each Fiscal Year on each Assessor's Parcel of Taxable Property- to fund the Special Tax Requirement, and shall include Special Taxes levied or to be levied under Sections- C and D,below "Special Tax Requirement" means tbal amount required in any Fiscal Year for the District to: (1) pay for Public Safety Service Costs; (ii) pay reasonable Administrative Expenses, (iii) pay any amounts required to establish or replenish any reserve funds; and (tv) pay for reasonably anticipated delinquent Special Waxes based on die delinquency rate for Special Taxes levied in the previous Fiscal Year;less any surplus of faxhds available from the previous Fiscal Year's Special 7'ax levy. "State" means the State of California. "Taxable Property" means all of the Assessor's Parcels within die boundaries of the District and any future annexation to the District that are not exempt from the Special Tax pursuant to Law or as defined herein. "Tax-Excmpr Property" means an Assessor's Parcel not sub)cct to the Special Tax. Tax-Exempt Property includes- (i) Public Property, (ii) Property Owner Association Property, (di) Non-Residenual Property,and(rv)properry designated by the Citv or District Administrator as Tay-Exempt Property. "Undeveloped Property" means, for each fiscal Year, all Assessor's Parcels of Taxable Property not classified as Developed property or Enuded Property, including an Assessor's Parcel that is designated as a remainder parcel and is not identified as potential Public Property by amy final documents and/or maps available to the Disirici Wministrator. "Unit" means any separate residential dwelling unit in which a person or persons may live, which comprises an independent facility capable of conveyance separate from adjacent residential dwelling units and is not considered to be for commercial or industrial use B. ASSIGNMENT TO LAND USE CATEGORIES Each Fiscal Year using the defuiiuons above, all Taxable Property within the District shall be classified as Developed Property, Entitled Property, or Undeveloped Property, Developed Property shall be further classified as Developed Single-Family Residence or Developed Mulri-Faintly Residence. Commencing with the Base Year and for each subsequent fiscal Year, all Taxable Property shall be subject to Special Taxes pursuant to Sections C and D below- C. MAXIMUM SPECIAL TAX RATE 1. Developed Property TABLE 1 Maximum Special Tax for Developed Property Community Facilities District No. 2005-1 (Public Safety Services) Maximum Land Use Description Special Tax Class Per Unit 1 Developed Single-Family 6350 per Unit Residence Developed Muld-Fancily 2 295 per Unit Residency On each July 1 following the Base Year (i.e.,]uly 1, 2007), the 'Vlm=um Special Tax Rates in Table 1 shall be increased in accordance with the annual Escalation Factor. Once the iMaxinrum Special Tax Per Unit is equal to S500 per Unit, no further Annual Escalation Factor shall be applied and the Maximum Special Tax Per Unit ghall not exceed $500. 2. Entitled Property TATTLE 2 Maximum Special Tax for Entitled Property Community Facilities District No-2005-1 (Public Safety Services) Maximum Special Land Use Description Tax Class Per Lot 3 Entitled Property $100 per Lor No Annual Esealarion Factor shall be applied ro the Maximum Special Tax Per Lot for Entitled Properly. 3. Undeveloped Property Undeveloped Properly will be assignicd a Maximum Special Tax Rate of$500 per acre or portion thereof,with a mixmuum rate of$,100 for Undeveloped Properly less than or dual to one-forth(1/4) of an Acre as described in Table 3. TABLE 3 Maximum Special Tax for Undeveloped Property Community Facilities District No.2005-1 (Public Safety Services) Land Use Description Maximum Special Tax Class Per Parcel/Acre Undeveloped Property- M1 1(1(1 per Assessors Parcel �1/4 Acre 5 Undeveloped Property $$500 per Acre 1/4 Acre No Annual Escalanon Factor shall. be apphed to the N1axmmum Special Tax Per Parccl/Acre for Undeveloped Properly. I i 4. Tax-Exempt Properly No Special Tax shall be levied on Tax-Fxempl Property-. 5. Multiple Laud Use Classes In some instances an Assessor's Parcel may contain more than one Land Use Class. The Maximum Special Tax levied on an Assessor's Parcel Shall be die sum of the Maximum Special Tax levies that can be imposed on all hand Use Classes located on that Assessor's Parcel. d. METHOD OF APPORTIONMENT OF THE SPECTAL TAX CommencIng with Fiscal Year 2006-07, and fox each subsequent Fiscal Year, die District Adman straror shall calculate the Special Tax Requirement based on the definitions in Section A and levy the Special Tax as follows until the amount of the Special Tax levied equals the Special Tax Requirement. First, the Special Tax shall be levied each Fiscal Year on each Assessor's Parcel of Developed Property Proportionately between Developed Single-Fainily Residence and Developed Multi-Family Residence up to 100% of die applicable Maximum Special Tax. Second,if the Special Tax Requirement has nor been satisfied by die fast step, ihen the Special Tax shall be levied each Fiscal Year on each Assessor's Parcel of linrided Property up to 100% of the applicable Maximum Special Tax for Lntitled Property. Lastly, if the first hvo steps have not satisfied the Special Tax Requirement, then the Special Tax shall be levied each Fiscal Year on each Assessor's Parcel of Undeveloped Property up to 1000/ of the applicable Maximum Special Tax for Undeveloped Property. E. APPEALS Any taxpayer that believes that the amount of the Special Tax assigned to an Assessor's Parcel is In error may file a writ ten notice with the District Admuustrator appealing the levy of the Special Tax. This notice is required to be filed with the District Administrator during die Fiscal Year the error is believed to have occurred. The District Admiustrator or designee will then promptly review the appeal and, if necessary, meet with the taxpayer. Tf the District Adinuhisrrator verifies that the rax should be changed the Special Tax levy shall be corrected and,if applicable in any case,a refund shall be granted. F. EXEMPTIONS I. Residential Property Residential Properties which annually mcer one or more of die following standards shall be exempt from payment oC the Special Tax. A Residential Property consisting of one or two person(s) caring $15,300 or less gross income per ,year, upon complying .with procedures to establish such exemption,of a. A Residenlial Property consisting of three person,% earning $17,900 of less gross Income per year,upon complying with proccdures to establish such exemption,or b. .A Residential Property which qualifies for either the Low Income Rare _kssistancc (LIRA) exemption for elecuical or gas scimces or the Dfeline exemption for telephone services. The City is authorized and duetted to promulgate aduuni3tradve Hiles and procedures For verification of eligibiliry for the exemptions referred to in section F. G. MANNER OF COLLECx.I Specia] Tax as levied pursuant ro Section D above shall be collecred in die same manner and at the same time as ordinary ad valom r property taxes; provided, however, that the Disuict Administrator may directly bill the Special Tax,may collect Special Taxes at a different time or in a differenr manner if necessary to meet Elie financial obligations of the District or as otherwise determined appropriate by the District_\dminisuator. H. TERM OF SPECIAL TAX Every five years afrer the estabhshmenr of the District, the C+ry Council may reexamine, if deemed necessary by City Council, the necessity of die continuance of the Special Tax rhrougln the preparation of a Piscal Impact Analysis,otherwise the Special Tax shall be levied in perpetuity. r ✓ %). n� S1 i� vh NIN EXHJBLT C SAMPLE BALLOT MEASURE a. i hh h t i t SAMPLE BALLOT MEASURE PROP S ' O A: Shall special taxes be levied annually on taxable property within Annexation No. 4 of the City of Patin Springs Communiry facilities DimricE 2005-1 (Public Safety Services), County of Riverside, State of California (The "District"); and to Icv y and co➢ccl such special taxes so long as the special taxes are needed to pay for police services, fire protection and suppression services ar the special tax rates and pursuant to the merhod of apportioning the special taxes set forth in Exhibit "13" to the Resolution of Formation (Resolution No.21428) adopted by the City Council of the City of Palm Springs on October 19,2005? PR 1 S O B, Shall an appropriations limir,as defined by subdivision (h) of Section 8 of Article NIIIB of the Califorim Constitution,be established for ;\nnexadon No. 4 of the City of Pahn Springs Community Facilities District 2005-1 (Public Safery Services-), County of Riverside, State of California, in the amount of $$115,500,000? WAIVER OF CERTAIN ELECTION PROCEDURES WITH RESPECT TO LANDOWNER VOTER ELECTIONS WITHIN AND FOR PROPERTY PROPOSED TO BE ANNEXED INTO COMMUNITY FACILITIES DISTRICT NO. 2005-1 OF THE CITY OF PALM SPRINGS, COUNTY OP RIVERSIDE,STATE OF CALIFORNIA TO: CITY COUNCIL CITY OF PALAI SPRINGS The undcrs-igned PROPLRh'S' OWNLIR, or rcpmscihrativc thereof, does hereby CRRTIPy under penalty of perjm.T,that the following statements are all true and corrccr PROPERTY OWNER CONSENT AND WAIVER 1. The undersigned is the owner or the duly authorized representative of the owner or owners (the "Owner") of that certain real property identified in Exhibit "A" attached hereto and incorporated herein by this reference ("Owner's Property"), and is legally authorized to give the Consent and waiver contained herein as such owner or on behalf of such owner, 2. Owner is aware of,understands and agrees to die following: A. The City of Palm Springs (the "City") has conducted proceedings pursuant to the "Mello- Roos Community Facilities Act of 1952", is amended, (the "Aci') to form City of Palm Springs Community Facilities District No. 2005-1 (Public Services) (die "Districr'') for die purpose of financing certain public senviccs as described below: PUBLIC SAFETY SERVICES Police services, fire protection and suppression services, and life safety sen+ices (the "Services") of the City of Palm Springs required to sustain the service delivery capability for emergency and non-emergency services to new Growth areas of the City of Palin Springs, including but not mitred to,equipment,vehicles,ambulances and paramedics, Gre apparatus, services, supplies and personnel; provided, however, that any increases in special taxes for costs related to employee wages and benefits shall be limited its provided in the Rate and Method of Apportionment of the Special Taxes to fund such Services. Owner's Property is located widhm the proposed boundaries of the area to be annexed to the District (":\nnexanon No. 4"). If Annexation No. 4 is annexed to the District, The Owner's Property will be subject to tic levy of the special taxes for the District (the"Special Taxes"). A copy of tic proposed rare and method of apportionment for the special tax (the "Rare and Method") is set forth in"Exhibit B" artacbeJ hereto B. Owner has had a reasonable opportuniry to review and has reviewed the Rare and Method of Appoitionmcnt. C. The Act requires, as a prerequisite to annexing territory to the Disvact, spectFcally ,\nnexation No. 4, that The Cary Council adopts a resolution declaring the tnrenrion of the City Council to annex Annexation No. 4 to the District (the "Resolution of Intention'). The Act further requires that the City Council, in the Resolution of intention,to fie the rime and place for a public heating on the annexation of Arinexauon No.4 to the District (the "Public: IIearing") which shall be not less than thirty (30) nor more than silty (60) days after the adoption of the Resolution of intention. The Act further requires that notice of such a public hearing be published at least seven (7) days prior to the date of such public hearing. D The Act requires, as a prerequisite to the levy of the Special Taus, that the District must submit the question of whether or nor to levy such special rax to the qualified electors of the rerritory to be annexed to the District at a special election. The Act farrher provides that two-thuds (2/3's) of the vntes cast on the question of whether or nor to levy the special tax must be in favor of the levy of such special tlY if the levy of such special tali is to be authorized. The Act provides that the qualified clecrois shall be the voters registered to vote within the territory proposed to be included in the District if at least twelve (12) persons,who need nor necessarily be the same twelve (12) persons, have been registered to vote within such Territory for cacti of the nvnety (90) days- preceding the close of the Public Hearing scheduled to occur on dune 20, 2007. Oti=se, Elie ,act provides that the vote shall be by the landowners of territory proposed to be annexed to the District which will be subject to the levy-of the special tax, with each such landowner who is die owner of record at die close of the Public Hearing,or tie aurhoriicd representative of such owner,having one vore for each acre or pomon of an acre of land that such landnrvner owns within the proposed territory to be amhexed to the District. Y. The provtswns of the Act require that such special election be held at least nursery (90) but not more than one hundred eighty days (180) following the date of the adoption of the resolution submitting the proposal to consider the authorization to levy the special taxes pursuant to the Rate and Method on the territory proposed ro be annexed to tie Disrricr to the qualified electors thereof (the "Resolution of Pormatiou"). Election Code Section 4000 provides that a special election to audhorize the levy of a special Eax may be conducted by mad if such an election is held on one of the following established mad ballot election dares (the "Established Mailed Ballot Election Dares-)! (a) the first Tuesday after the first \Monday in May of each year, (b) the fast Tuesday after the first Monday in March of each even- numbered year or (c) tic last Tuesday in August of each year. The Act provndcs, however, that any such special election Time limit specified by the Act or requirement pertaining to the conduct of such a special election may be waived with the unanimous consent of the qualified electors and the concurrence of the official conducting Elie election. As is stated below,it is proposed that such special election (the "Special Election") shall be held on June 20,2007,a date which will be less than ninery (90) days from the dare of Elie Public Hearing and nor on a date specified nh Lleetions Code section 4000. 3. Owner has had a rcas'onable oppormimy to consult with and to be advised by Ownci s legal coon>el regarding the matters- contained in this document and the exhibits hereto. 4- Owner certifies that there have been no persons residing and registered to vote within the Owner's Property for each of the nunety (90) days preceding the dare of this Consent and Waiver 5- Owncr desires and requests that the special clrction be held on June 20, 2007, or such other dare as the Owner and the City Clerk of the City (the "City Cleric"), acting as tic official conducting the election, may mutually agree, a date .which may be less than ninety (90) days from the date of the adoption of die Resolution of Annexation. G. 0wrzer expressly consents (a) to the conduct of the public hearing on rune 20, 2007, and (b) to the conduct of the Special Lleetion on June 20, 2007, or such other date upon which qll of the qualified electors and the City Clerk conducting the election may concur. 7. Owner expressly waives: A. any right which Owner may have to have die Public blearing conducted and notice of the Public Hearing given within the rime periods and in accordance with the manner specified in Government Code Sections 53321 and 53322; B. any right which Owner may have for die Special Election to be conducted within die tune perods specified in Government Code Section 53326; C. any right which Owner may have for the Special Election to be conducted on a date specified ui F_lection3 Code Scc6on 4000; ll. any protest, complainr or legal action of any nature whatsoever pertaining to the shoitcnutg of all time periods pertaining to (a) the Public I-Tearing and notice diercof and (b) die Special Election, including bur not limited to, the time for holding the Special Election and the necessity and requirement for any newspaper publication of the notice of the Special Election; L. any requirement for the mailing of the ballot; R any requirement for the preparation of ballot arguments, rebuttal arguments and/or an unparrial analysis as to the ballot propositions set forth m Exhibit C. S. Owner expressly consents to (a) the proposed levy of special laxcs within Anncxauon No. 4 pursuant to the provisions of the Act and the rate and method of appomonment of special uIXee to finance the services described above and (b) establish an Article XIIIB appropriations limit equal to 3115,500,000. PROPERTY OWNER APPOINTMENT OF AUTHORIZED REPRESENTATIVES The owner hereby appoints or ahemattvely, as irs aulhomcd representative to vote in the Special Flection, and the owner ecrufies char the true and exact signature of each alternative representative is set forth below-: Signature (1'ypc or Pant Name oCReprescntative) Signature (1 ypc or Pnnt Name of Representative) [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] THTS CONSENT AND WAIVER AND APPOTNTMENT Of AUTHORIZED REPRESENTATTTES was c%ecuted this[/�yhday of ✓ten 2007,in ��r7y��d C�alifcxr D'�on (Signamrc) L- e I 1/L1 , 14 a s-r �s Type or Print Name of Signor If the person execaung this document is not the Owner for which this document is being submitted but is signing for and on behalf of the Owner,please fill in the name of the Owner on the line provided below: (Type or print name of the Owner) `, rf '` ^f • f" a� ' n x EXHIBIT A DESCRIPTION OF PROPERTY r e� /I r e F s II r J' /P i I' DESCRIPTION OF PROPERTY The land referred ro is situated in the County of Ri.versidc,Cit} of Patin Springs,Sme of California and is described as the followmg Rivetsidc Couny Asscss-or Parcel Numbcr(s). Lot 5 within Tract 33878-1, which Tract Map was recorded with the Riverside County Recorder on February 8,2007 in Book 416 at Pages 1-5 i I I I \k \ t, EXHIBIT B RATE AND METHOD OF APPORTIONMENT f� �y °k �h. 4 y EXHIBIT B CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO.2005-1 (PUBLIC SAFETY SERVICES) RATE AND METHOD OF APPORTIONMENT A Special Tax of Conmuuury Facilities District No. 2005-1 (Public Safety Services) of die City of Palm Springs (die "District') shall be levied on all Assessors Parcels in die District and collected each Fiscal Ycar commencing in Fiscal Year 2006-07 in an amounr determined by the City through the application of The rare and method of apportionment of the Special Tax set Forth below-. All of the real property in die District, unless exempted by law or by die provisions hereof, shall be taxed for the purposes, to die extent and in the manner herein provided. A. DEFINITIONS The teams hereinafter set forth have the following meanings: "Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessors Parcel. Map, the land area sbown on the applicable final subdivision map, other final map, other parcel map, other condominium plan, or functionally equivalent map or insirunnent recorded in the Office of the Counry Recorder. The squuc footage of an Assessors Parcel is equal to the acreage multiplied by 43,560. "Act" means the Mello-Roos Communiry Facilities Act of 1982,being Chapter 2.5,Part 1, Division 2 of Title 5 of the Government Code of the Stare of California, as amended, which authorizes the establishment of the District to finance: a) police protection services, and b) fire protection and suppression services, and life safety services including but not hm ted to ambulance and paramedic sen-ces. "Administrative Expenses" means the actual or estimated costs incurred by the City as administrator of the District to determine, levy and collect die Special Taxes, including the proportionate amount of the salaries and bencfls of City employees whose duties arc directly rclaled to admimstration of die District and the fees of consultants, legal Counsel, the costs of collecting installments of the Special Taxes upon the general tax rolls,preparation of required reports; and any other costs requited to administer the District as determined by die City. "Annual Escalation Factor" means- the greater of the increase in the annual percentage change of the All Urban Consumers Consumer Price Index (CPI) or die percent increase of salaries and benefits for public safety employees as stated in The Memorandum of Understanding for die fiscal year of The Special Tax. The annual CPI used shall be for die area of Los Angeles-Riverside-Orange County, C,A as reflected in the then-currenr Apnl update. The annual CPT used shall be as determined by the United States Department of LiboT, Bureau of Labor Statistics, and may be obtained darough the California Dntsion of Labor Statistics and Research (www.dmr.ea.gov/dlsr). If the foregoing index is not available, the CFD Administrator shall select a reasonably comparable index. "Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned assessor's parcel number. "Assessor's Parcel Map" means an official map of the lsscssor of the County designamig parcels by assessor s parcel number. "Base Yeas" means Fiscal Ycar ending)une 30,2007. "City" means the City of Palm Springs- "Council" means the City Council of The City of Pahn Springs, acting as the legislative body of chc Dismcr. "County" means- the Coanry of Riverside,California. "Developed Multi-Family Residence" means all \ssessor's Parcels of Developed Properry for which a building permit has been issued for purposes of consaurcting a residential structure consisting of two or more residential unus that share wmrnon walls, including, but nor limited to, duplexes, triplexes,town homes,condominiums,and aparirncnt unirs. "Developed Property" means all "taxable Properry, exclusive of Property Owner Association Properyy,Nan-Rcsidcntal Property, or Public Property, for which a building permit was issued after January 1, 2006 and prior to Mqy lsi prcceding the Fiscal Year in which the Special Tax is bcmb levied. "Developed Single-Family Residence" means all Assessors' Parcels of Developed Property for which a building pchmit(s) has been issued for purposes of eonbtrucring one single:-family residential dwelling unit. "District Administrator" means an official of die Ciry, or designee thereof, responsible for determining the Special Tan Requirement and providuig for die levy and collection of the Special Taxes. "District" means Commumry Facilities Distncc No.2003-1 (Public Safety Services) of the Cnry of Pahn Springs. "Entitled Property" means an Assessor's Parcel and/or Lot 7n the District,which has a Final slap recorded prior ro January- 1st preceding the fiscal Year in which the Special Tax is being levied, but for which no building permit has been issued prior to the tllay l'e preceding the Fiscal Year in which the Special Tax is being levied. The term "Entided Property" shall apply only to Assessors' Parcels and/or Lou,which have been subdronded for the purpose of residential development, excluding any Assessor'b Parcel that is designated as a remainder parcel detcmhined by final documenns and/or maps available to the Dismcr Administrator. "Final Map" means an Assessor's Parcel Map,a final subdivision map,other parcel map, ocher final map, other condominium plan, or functionally equivalent map that has been recorded in rile Office of the Couihty Recorder. "Fiscal Year" means tbbc period starting July 1 and ending on the Collowuig June 30. "Land Use Class" means any of the classes lisrcd tin'1 able 1. "Lot" means property within a recorded Filial Map idenrified by a lot number for which a building pcmur has been issued or may be issued. "Maximum Special Tax" means- the maximum Special Tax, dereninned in accordance with Section C below that can be levied ih die District in any Fiscal Year on any Assessor's Parcel. "Non-Residential Properly" means all isscssors' Parcels for which a building pcmut(s) has been issued for a non-residential use and does not contain any residential units as defined under Developed Single Family Residence or Developed Muld-Family Residence. "Property Owner Association Property" means any propci77 wirlim the boundaries of the District rhar is owned by, or irrevocably dedicated as mdreared in an i.nstramenr recorded with the County Recorder to a property owner associauon,including an) masher or sub-association. "Proportionately" means in a manner such that the ratio of the actual Special Tax levy in the Mavinunn Special Tax is equal for all Assessor's Parcels within each Land Use Class. "Public Property" means any property within the boundaries of the District that is, at the time of the District formation or at the time of an annemrion, expected to be used for rights-of-way, parks, schools or any other public purpose and is owned by or irrevocably offered for dedication to the federal government, the State, the County,the City or any other public agency. "Public Safety Service COSCS" means the estimated and reasonable costs of providing police services and fire protection and suppression services and life safety services,including but not limited to (i) the costs of contracting services, (ih) equipment, vehicles, ambulances and paramedics, are apparatus, supplies-, (iii� Elie salaries and beuefmts of City staff that directly provide police services and fire protecuon and suppression services and life safety semccs, respectively, and (iv) Ciry overhead costs associated with providing such services within the Dismcr. On each July 1 following the Base Year the increases attributed to salaries and benefits shall be calculated and lumred to die increase based on the Annual escalation Factor. The Special Tax provides only partial funding for police, fire and life safety-services "Special Tax" means the Special Tix to be levied in each Fiscal Year on each Assessor's Parcel of Taxable Property to fund the Special Tax Requirement, and shall include Special Taxes levied or to be levied under Sections C and D,below. "Special Tax Requirement" means that amount required in any Fiscal Year for the District to: (i) pay for Public Safety Service Cosrs, (ii) pay reasonable _Administrative Expenses; (in) pay any amounts required to establish or replenish any reserve funds, and (iv) pay for reasonably anticipated delinquenr Special T ryes based on the delinquency rare for Special Taxes levied in the previous Fiscal Year;less any surplus of funds- available from die previous Fiscal Year's Special Tax levy. "State" means the State of California. "Taxable Property" means all of the Assessor's Parcels .within the boundaries of die Dismct and any future annexanon to the Dismet that are nor exempt from the Special Tax pursuant to law or as defined herein. "Tax-Exempt Property" means an Assessor's Parcel not subject to the Special Tax. Ts:x-Exempt Property includes: (i) Public Property, (n) Property Owner Association Property, (iii) Non-Residential Property,and(iv) propeizy designated by the City or District Administrator as Tax-Exempt Property. "Undeveloped Property" means, for each Fiscal Year, all Assessor's Parcels of Taxable Property not classified as Developed Pxopexty or Endued Property, including an Assessor's Parcel that is designated as a remainder parcel and is not identified as potential Public Properly by any final documents and/or maps available to the District :\dministralur. "Unit" means any separate residential dwelling unit in which a person or persons may live, which comprises an independent facility capable of conveyance scparatr from adjacent residential dwelling units and is nor considered to be for commercial or industrial use. B. ASSIGNMENT TO LAND USE CATEGORIES Each Fiscal Year using the definit on, above, all Taxable Properry within the Disrricr shall be classified as Developed Property, Entitled Property, or Undeveloped Property. Developed Property shall be further classified as Developed Single-Banuly Residence or Developed \lulu-Family Residence Commencing with the Base Year and for each gubsequenr Fiscal Year, all Taxable Property shall be subject to Special Taxes pursuant to Sections C and D below. C. MAXIMUM SPECIAL TAX_RATE 1. Developed Property TABLET Maximum Special Tax for Developed Property Community Facilities District No_2005-1 (Public Safety Services) Maximum Land Use Description Special Tax Class Per Unit Developed Single-Fanuly $350 per Unit Residence Developed Multi-Famil 2 y $295 per Unit Residence On cacti July 1 following the Base Year (i r.,July 1, 2007� the Maximum Special'1'ax Rates in Table 1 shall be increased in accordance with the Annual Escalation Factor Once Elie ivia_emnum Special Tax Per Unit is equal to $500 per Unit, no further Annual Escalation Factor:shall be applied and the Maximum Special Tax Per Unit shall nor exceed$500. 2. Entitled Property TABLE 2 Maximum Special Tax for Entitled Property Community Facilities District No.2005-1 (Public Safety Services) Maximum Special Land Use Description Tax Class Per Lot 3 Entitled Property $100 per Lot No Annual Lscalaton Factor shall be applied to the Maximum Special fax Per Lot for Entitled Property. 3. Undeveloped Property Undeveloped Property will be assigned a Maximum Special Tax Kate of$500 per acre or portion thercoC, with a minimum rate of$100 for Undevclopcd Property less than or equal to one-forth(1/4) of an acre as described in Table 3. TABLE 3 Maximum Special Tax for Undeveloped Property Community Facilities District No.2005-1 (Public Safety Services) Land Use Description Maximum Special Tax Class Per Parcel/Acre Undeveloped Property 4 $100 per Assessors Parcel 51/4 Acre Undeveloped Property 5 $500 per .1/4 Acre Acre No Annual Escalation Factor shall be applied ro die Mautnum Special Tax Per Parcel/Acrc for Undevclopcd Property 4. Tax-Exempt Property No Special fax shall be levied on Tax-Exempt Property, 5. Multiple Land Use Classes In some instances an Assessor's Parcel may contain more than one Land Use Class. The Maximum Special Tax levied on an _assessor's Parcel shall be the sum of the Maximum Special Tax levies that can be imposed on all Land Use Classes- located an that Assessor's Parcel. D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX Commencing with Fiscal Year 2006-07, and for each subsequent Fiscal Year, the District Administramr shall calculate the Special Tax Requirement based on die definitions in Section r\ and lmy the Special Tax as follows until the amount of the Special Tax levied equals the Special Tax Requirement. First, the Special Tax shall be letacd each Fiscal Year on each Assessor's Parcel of Developed Property Propordonarely between Developed Single-Family Residence and Developed Multi-Faiuily Residence up to 100% of the applicable Maxunuin Special Tax. Second,if the Special Tax Requirement has nor been satisfied by the fast step, then the Special Tax shall be levied each Fiscal Year on each Assessor's Parcel of Entitled Properry up to 100% of the applicable Maximum Special Tax for Enuded Property. Lastly, if the first two steps have nor satisfied Elie Special Tax Requirement, then die Special Tax shall be levied each Fiscal Year on each Assessor's Parcel of Undeveloped Property up ro 100"/o of the applicable Maximum Special Tax for Undeveloped Property. E. APPEALS Any taxpayer that believes that the amouinr of the Spccial Tax assigned to an Assessor's Parcel is in error may file a written notice with die Dibtritt Administrator appealing the levy of the Special Tax. 'Phis notice is required to be filed with the Distinct Administsamr during The Fiscal Year the error is believed to have occurred. The Owner Administrator or designee will then promprly review the appeal and, if necessary, meet witb the taxpayer. If the District:Administrator verifies that the tax should be changed the Special Tax levy shall be corrected and,if applicable in any case, a refund shall be panted. �. EXFMPTIONS 1. Residential Property Residential Properties which annually mcer one or more of the following standards shall be exempt from payment of The Special Tax- . _i Residential Property consisting of one or two person(s) caning $15,300 or less gross uicome per year, upon complying with procedures to establish such exemption,or a. A Residential Property consisting of duce persons earning 517,900 or less gross income per year, upon complying wide procedures to establish such exemption,or b. A Residential Property which quahfics for either the Low Income Rate Assistance (LIRA) cxempuon for electrical or £as seances or the Ltfelme exemption for telephone services. The Ciry is authorized and directed to promulgnie admnustrativc rules and procedures for verification of eligibility for die exemptions referred ro in section F, G. MANNER DF COLLECTION Special Tax as levied pursuant to Sccuon D above shall be collected to the same manner and ac die same time as ordinary ad valorem property taxes; provided, however, that the District Adnitrwtrator may dircedy hill the Special Tax,may collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations of the Disrict or as otherwise determined appropriate by the Disuict_Administtaror I I. TERM OF SPECIAL,TAX Every five ycars after the establishment of the Dts'lricr, die Ciry Council may reexamine, if deemed necessary by City Council, the necessary of the continuance of du: Special Tax dirough the preparation of a Fiscal Impact Analysts,otherwise the Special Tax shall be levied in perpetuity. e, EXHIBIT C SAMPLE BALLOT MEASURE .. w I' „r ;y s, SAMPLE BALLOT MEASURE PR POSITTON A! Shall special razes- be levied annually on =able properry within Annexauon No. 4 of the Ciry of Palm Springs Commurury Fgcil uci , Di=ct 2005-1 (Public Safely Services), Counry of li.rverside, Stale of California (the "District"); and Eo levy and collect such special taxes- so long as the special races are needed to pay for police services,fire prorecuon and suppression services at Elie special lax rates and pursuanr to the method of appordoiung the special razes sei forth in L'.xhihn "B" ro the Resolution of Formation (Resolution No.21428) adopEed by the City Council of the Ciry of Palm Sprnigs on Ocrober 19,2005? PROP ST'CTON Ti: Shall an appropriations- limir, as defined by subdivision (h) of Section 8 of Amcle XIIIB of the California Consuruhon, be established for.\nnexauon No. 4 of the City of Pahn Springs Community Facihties Disuct 2005-1 (Public Safct}, Services), Counry of Rivcrside, State of California, in the amounE of $5115,500,000? I I I I I i I I WAIVER OF CERTAIN ELECTION PROCEDURES WITH RESPECT TO LANDOWNER VOTER ELECTIONS WITI4IN AND FOR PROPERTY PROPOSED TO BE ANNEXED INTO COMMUNITY FACILITIES DISTRICT NO. 2005-1 OF THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE,STATE OF CALIFORNIA TO: CITY COUNCIL CITY OF PALM SPRINGS The undersigned PROPERTY OWNER, or representative Lbereof, does hereby CERTIFY under penalty of perjury,that the following statements arc all true and correct. PROPERTY OWNER CONSENT AND WAIVER 1. The undersigned is the owner or the duly authorized representatve of the owner or owners (the "Owner") of thaL certain real property identified in Exhibit "A" atrachcd hercro and incorporated herein by this reference ("Owncis Property"), and is legally authorized to give the consent and waiver contained heroin as such owner or on behalf of such owner. 2. Owner is aware of,undersrands and agrees to the following: A. 'rho City of Palm Springs (the "City") has conducted proceedings pursuant to die "Mello- Roos Community Facilities Act of 1982", is amended, (the "Act") to form City of Palm Springs Community Facilities District No. 2005-1 (Public 5erviccs) (rho "District") for the purpose of financing certain public services as described below: PUBLIC SAFETY SERVICES Police services, fire protection and suppression services, and life safety services (the "Serviccs''� of the City of Palm Springs required to sustain the service delivery capability for emergency and non-emergency sci vices to new growth areas of rho City of Palm Springs, including but not limited ro,equipment,vehicles,ambulances and paramedics, fire apparatus, services, supplies and persunncl; provided, however, that any increases in special taxes for costs related to employee wages and beneFes shall be limited as provided in the Rare and Method of Apportionment of rho Special Taxes to fund such Services. Owner's Property is located within the proposed boundaries of The area to be annexed to the District("Annexation No.4"). If Annexation No. 4 is annexed to the District, the Owner's Property will be subject to the levy of the special taxes for Lhe District(die"Special Taxcs'7. A copy of the proposed rate and method of apportionment for the special tax(the "Rate and Method")is set forth in"Exhibit B"attached hereto. B. Owner has had a reasonable opporrumty to review and has reviewed die Ratc and Method of Apportionment. C. The Act requires, as a prerequisite to annexing territory to the District, specifically Annexaton No. 4, that the City Council adopts a resolution declaring the intendon of the City Council to annex Annexation No. 4 to die District (the "Resolution of Intention").The Acr further requires That the City Council,in die Resolution of Intention,to fix the rime and place for a public hearing on the annexation of Annexation No.4 to the District(the"Public Hearing") which shall be nor less that) thirty (30) nor more than sixty (60) days after The adoption of the Resolution of Intention. The Act further requires that notice of such a public hearing be published at least seven (7) days prior to the date of such public hearing. D. The Act requires, as a prerequisite to the levy of the Special Taxes, that the District must submit the question of whether or not to levy such special tax to the qualified electors of the rerritory to be annexed to the Disiricr at a special election. The Act further provides that two-thirds (2/3's) of the votes cast on the question of whether or not to levy the special tax must be in favor of the levy of such special rax if the levy of such special tax is ro be authorized. The Act provides that the qualified electors shall be the voters registered to vote within the territory proposed to be included in the District if at least twelve (12) persons,who need not necessarily be Elie same twelve (12) persons, have been registered to vote within such tcrriwry for each of the ninety (90) days preceding die close of the Public Hearing scheduled to occur on June 20, 2007. Otherwise, the Act provides that the vote shall be by the landowners of territory proposed to be annexed to the District which will be subject to the levy of the special tax,with each such landowner who is the owner of record at tic close of the Public Hearing,or The authorized representative of such owner,having one vote for each acre or portion of an acre of land that such landowner owns within the proposed territory to be annexed to the District. F. The provisions of the Act require that such special election be held at least ninety (90) but not more than one hundred eighty days (180) following the dare of the adoption of the resolution submitting the proposal to consider die aatborization to levy the special taxes putsuant to the Rate and Method on the territory proposed to be annexed to the District to tie qualified electors thereof(the "Resolution of Formation"). Election Code Section 4000 provides that a special election to authorize the levy of a special tax may be conducted by mail if such an election is held on one of die Following established mail ballor election dates (the "Established Mailed Ballot lilccrion Dates"): (a) Elie first Tuesday after the first Monday in May of each year, (b) tic first Tuesday after the first Monday in Much of each even- numbered year or (c) tie last Tuesday in August of each year. The Act provides, however, that any such special election time limit specified by the Act or requirement pertaining to the conduct of such a special election may be waived with the unanimous consent of the: qualified electors and the concurrence of the official conducting the election. As is stated below,iris proposed that such special election (the "Special Election") shall be held on June 20, 2007, a date which will be less than ninety (90) days from the date of the Public hearing and not on a date specified in Elections Code section 4000. 3. Owner has had a reasonable opportunity to consult with and to be advised by Owner's legal counsel regarding the matters contained in this document and the exhibits hereto. 4. Owner certifies that there have been no persons residing and rcGisrcrcd to vote within the Owner's Property for each of die ninety(90) days preceding the dare of this Consent:and Waiver. 5. Owner desires and requests that the special election be held on June 20, 2007, or such other date as the Owner and the City Clerk of tie City (die "City Cleric"), acting as the official conducting the election, may murually agree, a date which may be less- than ninety (90) days from the date of the adoption of the Resolution of Annexation. 6. Owner expressly consents (a) to the conduct of the public hearing on June 20, 2007, and (b) to the conduct of the Special Election on June 20, 2007, or such other dare upon which all of the qualified electors and the City Clerk conducting the election may concur. 7. Owner expressly waives: A. any right which Owner may have ro have the Public Hearing conducted and notice of the Public Bearing given within the time periods and in accordance with die manner specified in Government Code Sections 53321 and 53322; B. any right which Owner may have for The Special Election to be conducted within the time periods specified in Government Code Section 53326; C. any right which Owner may have for the Special Election to be conducted on a date specified in Elections Code Section 4000; D. any protest, complaint or legal action of any namre whatsoever pertaining to the shortening of all umc periods peremning to (a) the Public Hearing and notice thereof and (b) the Special Election, including but not limited to, the time for holding the Special Election and the necessity and requirement for any newspaper publication of die notice of the Special Election; E. any requirement for the mailing of the ballot, F. any requirement for the preparation of ballot arguments, rebuttal arguments and/or an impamal analysis as to the ballot propositions set forth in Exhibit C. S. Owner expressly consents to (a) the proposed levy of special taxes within Annexation No.4 pursuant to the provisions of the Act and the rate and merhnd of apportionment of special taxes to finance the scrviccs described above and (b) establish an Article XIIIB appropriations hmit equal to 5115,500,000. PROPERTY OWNER APPOINTMENT OF AUTHORIZED REPRFSENTATIVES The owner hereby appoints or alternatively, as its authorized repres'critanvc to vote in Elie Special Election, and the owner ccnifics that the true and exact signature of each alternative representative is set forth below: Signature (Type or Print Namc of Representative) Signamrc Crypt or Print Namc of Representative) [REMAINDER Of THIS PAGE INTENTIONALLY LEFT BL ANKI THIS CONSENT AN W(�IVER AND APPOINTME OF A THORIZEI7 REPRESENTATIVES was eticcuted this-11f ay of—�7 ,2007,in ,GaliFer-rya,- Gi,(�' signature) IPP"'Type or Prim Name of Signor If die person executing this document is not the Owner Cor which d-iis document is being subirutred but is signing for and on behalf of the Owner,please fill in the name of the Owncr on the hne providcd below. r (Type or print namc of the Owner) h x I , �•(y d qV � u `4 Jar I, i uF �. P 4 , vy EXkIIBIT.A, DESCRIPTION OF PROPERTY by v� 1� I vr`1 v DESCRIPTION OF PROPERTY The land referred to is siwatcd in the County of Riverside,City of Palm Springs,Stare of California and is described as the following Riverside County AsSCSSUT Parcel Number(* Lot 4 within Tract 33878-1, which Tract Map was recorded with the Riverside County Recorder on February 8,2007 in Book 416 at Pages 1-5 P Ja J J d 4 F ' A �J � f EXHIBIT B RATE AND METHOD OF APPORTIONMENT r r' Jt �a 5 5' E ii. 1`�Ar :1 'fr I' EXHIBIT B CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO.2005-1 (PUBLIC SAFETY SERVICES) BATE AND METHOD OF APPORTIONMENT A Special Tax of Community Facilities District No. 2005-1 (Public Safety Services) of the City of Palm Springs (the "District") shall be levied on all Assessor's Parcels in the Districr and collected each Fiscal Year commencing in Fiscal Year 200G-07 in an amotuit determined by the City through the application of the rate and method of apportionment of the Special Tax set forth below. All of the real property in the District, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meanings: "Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is nor shown on an Assessor's Parcel Map, the land area shown on the applicable final subdivision map, other Final map, other parcel map, other condominium plan, or functionally equivalent map or instrument recorded in the Office of the County Recorder. The square footage of an Assessor's Parcel is equal to the Acreage multiplied by 45,5G0. "Act" means the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1,Division 2 of Title 5 of the Government Code of the State of California, as amended, which authorizes the establishment of the District to finance: a) police protection services, and b) fire protection and suppression services, and life safety services including but not limited to ambulance and paramedic services. "Administrative Expenses" means the actual or estimated costs incurred by the City as administrator of the District to determine, levy and collect the Special Taxes, including the proportionate amount of the salaries and bcncfirs of City employees whose duties are directly related to administration of die District and the fees of consultants, legal counsel, the costs of collecting installments of the Special Taxes upon the general tax rolls,preparation of required reports; and any other costs required to administer nct:District as determined by the City. "Annual Escalation Factor" means the greater of the increase in the annual percentage change of die All Urban Consumers Consumer Price Index (CPI) or the percent increase of salaries and benefits for public safety employees as stated in the Memorandum of Understanding for the fiscal year of the Special Tax. The annual CPI used shall be for the area of Los .Angeles-Riverside-Orange County, CA as reflected in the then-current April update. The annual CPI used shall be as determined by the United States Departmcnt of Labor, Burcau of Labor Statistics, and may be obtained through the California Division of Labor Statistics and Research (www.dir.ca.gov/dlsr). If the foregoing index is not available, the CFD Administrator shall select a reasonably comparable index. "Assessor's Parcel" means a lot or parcel shown in an Assessors Parcel Map with an assigned assessoi s parcel number. "Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels by assessor's parcel number. "Base Year" means Fiscal Year ending junc 30,2007. "City" means the City of Palm Springs. "Council" means die City Council of the Cry of Palm Springs, acting as the legislative body of the District. "County" means the County of Riverside,Cahfornia. "Developed Multi-Family Residence" means all Assessor's Parcels of Developed Property for which a building permit has been issued for purposes of constructing a residential structure consisting of two or more residential units that share common walls, including, bur nor limited to, duplexes,triplexes,town homes,condominiums,and apartment units. "Developed Property" means all Taxable Property, exclusive of Property Owner Association Property,Non-Residential Property, or Public Property, for which a building permit was issued after January 1, 2006 and prior to May 1 at preceding the fiscal Year in which the Special Tax is being levied. "Developed Single-Family Residence" means all Assessors' Parcels of Developed Property for which a building perr ait(s) has been issued for purposes of cunstnicdng one single-family residential dwelling unit. "District Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes. "District" means Community Facilities District No.2005-1 (Public Safety Services) of the City of Palm Springs. "Entitled Property" means an Assessor's Parcel and/or Lot in the District,which has a Final Map recorded prior to January 1st preceding the fiscal Year in which the Special Tax is being levied, bur for which no building permit has been issued prior to the May 1 IL preceding the Fiscal Year in which the Special Tax is being levied. The term "Entitled Property" shall apply only to Assessors' Parcels and/or Lots,which have been subdivided for die purpose of residential development, excluding any Assessor's Parcel that is designated as a remainder parcel determined by final documents and/or maps available to the District Administrator. "Final Map" means an Assessor's Parcel Map,a final subdivision map,other parcel map,other final map, other condoinirtitim plan, or functionally equivalent map that has been recorded in the Office of the County Recorder. "Fiscal Year" means the period starting Jtily 1 and ending on the following Junc 30. "Land Use Class" means any of die classes listed in Table 1. "Lot" means property within a recorded Final Map identified by a lot number for which a building permit has been issued or may be issued. "Maximum Special Tax" means the maximum Special Tax, determined in accordance with Section C below that can be levied in the District in any Fiscal Year on any Assessor's Parcel. "Non-Residential Property" means all Assessors' Parcels for which a building pciri t(s) has been issued for a non-residential use and does nor contain any residential units as defined under Developed Single Family Residence or Developed Muln-Family Residence. "Property Owner Association Property" means any properry within the boundaries of the District that is owned by, or irrevocably dedicated as indicated in an instrument recorded with the County Recorder to a property owner association,including any master or sub-association. "Proportionately" means in a manner such that the ratio of the actual Special Tax levy to die Maximum Special Tax is equal for all Assessor's Parcel%within each Land Use Class. "Public Property" means any property within the boundaries of the District drat is, at the time of die District formation or at the time of an annexation, expected to be used for rights-of-way,parks, schools or any other public purpose and is owned by or irrevocably offered for dedication to the federal government,the State,the County,the City or any other public agency. "Public Safety Service Costs" means the estimated and reasonable costs of providing police Services and fire protection and suppression services and li Fe safety services,including but nor limited to (i) the costs of contracting services, (ii) equipment, vehicles, ambulances and paramedics, fire apparatus,supplies, (ii) the salaries and benefits of City staff that directly provide police services and fire protection and suppression services and life safety services, respectively, and (iv) City overhead costs associated with providing such services widen the District. On each July i following the Base Year the increases attributed zo salaries and benefits shall be calculated and limited to the increase based on the Annual Escalation Factor.The Special Tax provides only partial funding for police, Firc and life safety services. "Special Tax" means the Special Tax to be levied in each Fiscal Year on each Assessor's Parcel of Taxable Property to fund the Special Tax Requirement, and shall include Special Taxes levied or to be levied under Sections C and D,below. "Special Tax Requirement" means that amount required in any Fiscal Year for the District to: (i) pay for Public Safety Service Costs; (ii) pay reasonable Administrative Expenses; (iU) pay any amounts required to establish or replenish any reserve funds; and (iv) pay for reasonably anticipated delinquent Special Taxes based on the delinquency rate For Special Taxes levied in the previous Fiscal Year;less any surplus of funds available from die previous Fiscal Year's Special Tax levy. "State" means the Stale of California. "Taxable Property" means all of the Assessor's Parcels within the boundaries of the District and any future annexation to the District Char are not exempt from the Special Tax pursuant to law or as defined herein. "Tax-Exempt Property" means an Assessor's Parcel nor subject to the Special Tax. Tax-Exempt Property includes: (i) Public Propeny, (i) Property Owner Association Property, (iii) Non-Residential Property,and (iv) property designated by the City or District Administrator as Tax-Exempr Property. "Undeveloped Property" mearib, for each Fiscal Year, all Assessor's Parcels of Taxable Property not classified as Developed Properry or Entitled Property, including an Assessor's Parcel that is designated as a remainder parcel and is nor identified as potential Public Property by any final documents and/or maps available to die District Administrator. "Unit" means any separate residential dwelling unit in which a person or persons may live, which comprises an independent facility capable of conveyance separate from adjacent residential dwelling umrs and is not considered to be for commercial or industrial use. B. ASSIGNMENT TO LAND USF.CATEGORT)IS Each fiscal Year using the defintiORS above, all Taxable Properry within the Diarrlct shall be classified as Developed Property, Entitled Property, or Undeveloped Property. Developed Property shall be further classified as Developed Single-Family Residence or Developed Muld-Family Residence. Commencing with the Base Year and for each subsequent Fiscal Year, all Taxable Property shall be subject to Special Taxes pursuant to Sections C and D below. C. MAXIMUM SPECIAL TAX RATE 1. Developed Property TABLE 1 Maximum Special Tax for Developed Property Community Facilities District No_2005-1 (Public Safety Services) Maximum Land Use Description Special Tax Class Per Unit 1 Developed Single-Family $550 per Unit Residence 2 Developed Multi-family $295 per Unit Residence On each July 1 Following die Base Year (i.e.,July 1, 2007), the Maximum Special Tax Rates in Table 1 shall be increased in accordance with the Annual Escalation Factor. Once dhe Maximum Special Taff Per Unit is equal to $500 per Unit, no further Annual Escalation Factor shall be applied and the Maximum Special Tax Per Unit shall nor exceed $500. 2_ Entitled Property TABLE 2 Maximum Special Tax for Entitled Property Community Facilities District No. 2005-1 (Public Safety Services) Maximum Special Land Use Description Tax Class Per Lot 3 Entitled Property $100 per Lot No Annual Escalation Factor shall be applied ro the Maximum Special Tax Per Lot for Entitled Property, 3. Undeveloped Property Undeveloped Property will be assigned a Maximum Special Tax Rate of$500 per acre or pordoo thereof, with a minimum rate of$100 for Undeveloped Property less than or equal to one-forth (1/4) of an Acre as described in Table 3. TABLE 3 Maximum Special Tax for Undeveloped Property Community Facilities District No.2005-1 (Public Safety Services) Land Use Description Maximum Special Tax Class Per Parcel/Acre 4 Undeveloped Property $100 per Assessors Parcel 51/4Acre 5 Undeveloped Property $500 per Acre 1/4 Acre No Annual Escalation Factor shall be applied to the Maximum Special Tax Per Parcel/Aerc for Undeveloped property. 4. Tax-Exempt Property No Special Tax shall be levied on Tax-Excmpr Property. 5. Multiple Land Use Classes In some instances an Assessor's Parcel may conrtin more dean one Land L75e Class, The Maxmum Special Tax levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax levies that can be imposed on all Land Use Classes located on that Assessor's Parcel. D. METHOD OF—APPORTIONMENT OF THE SPF.CII&L_'AX Commencing with Ilscal Year 2000-07, and for each subsequent Fiscal Year, the District Administrator shall calculate the Special Tax Requirement based on the definitions in Section A and levy the Special Tax as follows until the amount of the Special Tax levied equals the Special Tax Requirement. First, the Special Tax sball be levied each Fiscal Year on each Assessor's Parcel of Developed Property Proportionately between Developed Single-Family Residence and Developed Muld-Family Residence up to 100% of the applicable Maximum Special Tax. Second,if die Special Tax Requirement has not been satisfied by the First step, then die Special Tax shall be levied each Fiscal Year on each Assessor's Parcel of Entitled Property up to 100% of the applicable Maximum Special Tax for Entitled Property. Lastly, if the first two steps have not satisfied the Special Tax Acquirement, then the Special Tax shall be levied each Fiscal Year on each Assessor's Parcel of Undeveloped Property up to 100'%u of the applicable Maximum Special Tax for Undeveloped Properly. E. APPEALS Any taxpayer that believes that the amounr of the Special Tax assigned to an Assessor's Parcel is in error may file a written notice with the District Administtator appealing the levy of the Special Tax. This notice is required to be filed with the District Admimstrator during the Fiscal Year the error is believed to have occurred. The District Administrator or designee will then promptly review the appeal and, if necessary, meet with the taxpayer, if the District Administrator verifies that the tax should be changed the Special Tax levy shall be corrected and,if applicable in any case,a refund shall be granted. F. EXEMPTIQ, L Residential Property Residential Properties which annually meet one or more of the following standards shall be exempt from payment of the Special Tax: A Residential Propertyy consisting of one or two person(s) caring $15,300 or less gross income per year, upon complying with procci=S to establish such exemption,or a. A Residential Property consisting of three persons caring 517,90Q or less gross income per year, upon complying with procedures to establish such exemption,or b. A Residential Property which qualifies for either the Low Income Rate Assistance (LIRA) exemption for electrical or gas services or the Lifeline exemption for telephone services. The City is authurizcd and directed to promulgtre administrative rules and procedures for verification of eligibility for the exemptions referred ro in section F. G. MANNER OF COLLECTION Special Tax as levied pursuant to Sccnon D above shall be eoliecred in the same manner and at the same time as ordinary ad valarem property- taxes; provided, however, that the Disrricr Administrator may directly bill the Special Tax,may collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations- of the District or as otherwise determined appropriate by the District Administrator. H. 'PERM OF SPECIAL.TAX Every five years after the establishment of the District, the City Council may reexamine, if deemed necessary by City Council, the necessity of the continuance of the Special Tax through the preparation of a Fiscal Impact Analysis,otherwise the Special Tax shall be levied in perperuiry. EXHIBIT C SAMPLE BALLOT MEASURE SAMPLE 13ALLOT MEASURE. PROPOSITION A: Shall special taxes- be levied annually on taxable property wid-iin Annexation No. 4 of the City of Palm Spnn.-s Community Facilities District 2005-1 (Public Safety Services), County of Riverside, State of California (the "District"); and to levy and collect such special taxes so long as the special taxes are needed to pay for police services, fire protection and suppression services at the special tax rates and pursuant to the method of apportioning the special taxes act Forth in CxIdbit "B" to the Resolution of Formation (Rcsolution No. 21428) adopted by the City Council of the Ciiy of Palm Springs on October 19,2005? PROPOSTTION B: Shall an appropriations limit,as defined by subdivision (h) of Section 8 of Article XIIIB of the California Constitution,be established for Annexation No. 4 of the City of Palm Springs Community Facilities District 2005-1 (Public Safety Services), County of Riverside, State of California, in the amount of p115,500,000? WAIVER OF CERTAIN ELECTION PROCEDURES WITH RESPECT TO LANDOWNER VOTER ELECTIONS WITHIN AND FOR PROPERTY PROPOSED TO BE ANNEXED INTO COMMUNITY FACILITIES DISTRICT NO. 2005-1 OF THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE,STATE OF CALIFORNIA TO: CITY COUNCIL CITY OF PALM SPRINGS The undersigned PROPERTY OWNER, or reprcwritauve thereof, does hereby CERTIFY under penalty of perjury,that the follosiing statements are all true and correct: PROPERTY OWNER CONSENT AND WAIVER 1. The undersigned is the owner or the duly authorized representative of the owner or owners (the "Owner") of that ecrtam real property identified in 1;\liibir "A" artacbed hereto and incorporated herein by this reference ("Owner's Property"), and is legally authorized to give die consent and waiver contained herein as such owner or on behalf of such owner 2. Owner is aware of,understands and agrees to the following: A. The City of Palen Springs (the "City-") has conducted proceedings pursuant to the "Mello- Roos Community Facilities .act of 1982", as amended, (the ".act") to form City of Palm Springs Community Facilities District No. 2005-1 (Public Senices) (the "District") for the purpose of financing cerzaui public sentces as described below: PUBLIC SAFETY SERVICES Police services, fire protection and suppression services, and life safety services (the "Scrviceg") of the City of Palm Springs required to sustain the service delivery capability for emergency and non-emergency services to new growth areas of the City of Palm Springs, including bur not limited to,equipment,vclucles,ambulances and paramedics, fire apparatus, senlccs, supplies and personnel; provided, however, that any increases in special lases for costs related to employee wages and benefits shall be luni.ted as provided in the Ratc and Method of Apportionment of the Special'Paxcs to fund such Services- Owner's Property is located wYtivn the proposed boundaries of the area to be annexed to The Disaact ('annexation No. 4"). if_Annexation No. 4 is anncscd to the District, die Owner's Property will be subject to die levy of the special tares for die District (the "Special Taxes"), A copy of the proposed rare and method of apportionment for the special tax (the "Rare and Method")is set forth in"Exhibit B" attached hereto. B. Owner has had a reasonable opportunity to rcvuhv and has reviewed the Ratc and Method of Apportlonincrin C. The Act requires, as a prerequisnc to annexing territory to the District, specifically -\nncxanon No. 4, that the City Council adopts a resolution declaring the intention of the City Council to annex.annexation No 4 to the Disuict (tic "Resolution of lntemion"). The .act further reglllies that the City Conned,in the Resolution of Intention, to Its the time and place for a public hearing on the annrxadon of_\nne%ation No. 4 to the District(tie"Public Hearing") which shall be not less than Hurts- (30) nor more than sixty (60) days after The adoption of the Resolution of Intention. The Act further requires that notice of such a public hearing be published at least seven (7) days prior to The data of such public hearing. D. The act requires, as a prerequisite to the levy of the Special Taxes, (lilt the DIScricr must submit the question of whether or nor to Ic%) such special tax Eo the qualified electors of the territory to be annexed to the District at a special election. The Art further provides that two-tlhirds (2/3's) of The votes cagr on the question of whether or nor to levy the special tax must be in favor of Elie levy of such special ras if the levy of such special tax is to be authorized. The act provides rhar the qualified clectorq shall be the voters registered to vote widhuh the territory proposed to be included in the District if at least twelve (12) persons,who need not necessarily be the same twelve (12) persons, have been registered to vote within such Territory for each of Elie ninety (90) days preceding the close of the Public Hearing scheduled to occur on ,)une 20, 2007, Otherwise, the act provides dial the vote shall be by the landowners of Territory proposed Eo be annexed to the District which will be subject to the levy of The special tax,with each such landowner who is the owner of record at the close of The Public IIearing,or The authorized representative of such owner,having one vote for each acre or portion of an acre of land Thai such landowner owns within the proposed territory to be annexed to the District. F. The provisions of the _het require that such special election be held at least ninety (90) but not more than one hundred eighty dai's (180) following the date of the adoption of The resolution submitting tic proposal to consider the authorization Eo levy The special taxes pursuant to the Rate and Method on dic terruory proposed to be anneXcd to the Distrct to the qualified electors thereof(tic "Resolution of Formation"). Election Code Section 4000 provides that a special election to authorize the lcvy of a special tax may be conducted by mail if such an election is held on one of die following established mail ballot election dares (The "Established bladed Ballot Election]Dams")! (a) the first Tuesday after the first Monday in May of each year, (b) the fist Tuesday after the first ((Monday in March of each even- numbered year or (c) the last Tuesday in august of each year. The act provides, however, that any such special election time hmit specified by die act or requirement perraining to the conduct of such a special election may be waived wrth the unanimous consent: of the qualified electors and the concurrence of the official conducting the election. _\ is staEcd below, it is proposed that such special election (die "Special.Elecion'") shall be held on June 20, 2007, a date which will be less than winery (90) days from the date of the Public Hearing and nor on a dare specified in Elections Code secrion 4000. 3. Owner has had a reasonable opportunity to conq ilt with and to be advised by Owners legal counsel regarding the matters contained in this document and die exhibits hereto. 1. Owner terrifies rhaE there have been no persons residinry and registered to vote within the Owner's Pmperry for each of the nincry(90) days preceding the dam of this Consent and Waiver- s. Owner desires and requests That the special election be held on June 20, 2007, or such other dare as the Owner and the City Clerk of The City (the "Ciro Clerk"), acting as the official conducting the election, may mutually agree, a d7te which may be less than annery (90) days from the daEe of Elie adoption of the Resolution of anric>ation. 6. Owner expressly consents (a) to the conduct of the public hearing on June 20, 2007, and (b) to die conduct of die Special Election on tune 20, 2007, or such ocher dale upon which all of the qualified electors-and the City Clerk conducting the election may concur. 7. Owncr expressly%vaives. A, any right which Owner may have to have the Public Hearing conducted and notice of The Public i Tearing given widen du• lime periods and iin accordance with the manner specified in Government Code Sections 53321 and 53322; B. any Light which Owner may have for the Special Electon to be conducted within the Lime periods specified in Government Code Section 53326; C. any right which Owner may have for the Special Llcctlon to be conducted on a date specified in TItcuons Code Section 4000; D. any protest, complaint or letss 1 action of any nature whatsoever pertaining to the shoricning of all nine periods pertaining to (a) die Public IIcanng and notice thereof and (b) the Special Elrction, including but not limited to, die time for holding the Special Election and the necessity and requirement for any newspaper publication of die notice of the Special Election; r. any requirement for the mailing of the ballot; E. any requirement for die preparation of ballot arguments, rebuttal arguments and/or an impamal analysis as to the ballot propositions set forth in Exhibit C. S. Owner expressly consents to (a) the proposed levy of special taxes widnui_annexation No. 4 pursuant to The provisions of the Act and the race and method of apportionment of special taxes to finance the services descnbcd above and (b) establish an _ nicle XIIIB appropriations hmnr equal to $F115,500,000. PROPERTY OWNER APPOINTMENT OF AUTHORIZED REPRESENTATIVES Thn owner hereby appoints _ or , alternatively, as its authorized represcnlative io vote in the Special Election, and the owner certifies that the true and exact sigmnaturc of each altctnative represenrarivc is sct foizli below- Signature (1'ypc or Print Name oCRepresenwive) Signature Cl'ypc or Print Name of Represenradve) [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.) SUN-EO-2007 09:82 From'EMOKE TREE RRNCH 7603279490 T0:1E515873510 P.2�3 Jun?0 07 09.1Aar '�� 5M227-2822. p2 TF1i5. - �'9VAMER AND APPOIN'TNIENT OF AITZHOR=D RF.P,4E NTATIR',E` uaa of L. 200i1 m�Gld_W b ($iinYLurc 4 Type urPdnk Dame of igvoi If the pet6pil e>resuing this docomeat is nor du;Owter For which this document t:ben( ecbmined bar n Big n afar rnd on bcbalf of the Oxnves,planer GII in the name of rho Oat;G oathe Imo provided below a: yy (1)TPc Of P inr r:znc of the Owncr) ��41 ay�i f SY„ Y_ Mk :. w •� .yY �'••`',l,Pi`unhexo�.vocec 1 ptpry t%v er: WwYard"F-Wheeler&KAlLintt Wheeler � a r THIS CONSF..NT ,SND WAIVER AND APPOINTMENT OF AUTHORIZED REPRESENTATIVES was exeartcd this day ofL.l.i ,2007,m Pn a i r,y ,^� (Signature) Type or Pnnr Name of Signor If the person executing this document is not the Owner for which rhis document is bang subtmtted but is signing for and on behalf of the Owner,please fill in the name of Lhe Owner on the line provided below Crypc or print name of the Owner) r� EXHIBIT A DESCRIPTION OF PROPERTY 0 ,r r i r` DESCRIPTION OF PROPERTY The land referred to is situated m the County of Riverside, City of Palm Springs,State of Callforma and is described is the following Rivciside County,Asscssor Puccl Number(e)! Lot 3 within Tract 33878-1,which Tract Map was recorded with the Riverside County Recorder on February 8,2007 in Book 416 at Pages 1-5 i , e h* "n \1� EXHIBIT B RATE AND METHOD OF APPORTIONMENT r" a, J J' r t EXHIBIT B CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES) RATE AND METHOD OF APPORTIONMENT A Special Tax of Community Facilities District No. 2005-1 (Public Safety Services) of the City of Palm Springs (the "District") shall be levied on all Asscssoi s Parcels in the District and collected each Fiscal Year commencing uh Fiscal Year 2006-07 in an amount determined by die City through the application of the rare and method of apportionmcnt of die Special Tax set forth below. All of the real property in the District, unless exempted by law or by the provisions hereof, shall be taxed for the purposes-, to the extent and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have die following nncanings "Acre or Acreage" means the land area of an Assessor's Parcel as shown on all Assessors Parcel Map, or if the land area is nor shown on an Asscssoi s Parcel Map, die land area showm on the applicable final subdrrision map, other final map, other parcel map, other condominium plan, or functionally equivalent map or instrument recorded in the Office of the C:ounry Recorder. The square footage of an Assessor's Parcel is equal to The Acreage multiplied by 43,560, "Act" means Elie D'Iello-Roos Community Facilities Act of 1982,being Chapter 2.5,Part 1, Division 2 of Title 5 of the Government Code of the State of California, as amended, which authorizes the establishment of the District to ftnance. a) police protection services, and b) fie protection and suppression services, and life safety services including bur not limited to ambulance and paramedic services. "Administrative Expenses" means the actual or estimated costs incurred by the City as administrator of the District to determine, levy- and collect the Special "faxes, including the proportionate amount of the salaries and benefits of City employees whose duties arc directly related to administration of the District and the fees of consultants, legal counsel, the costs of collecting installments of the Special Taxes upon the general tax rolls,preparation of required reports; and any other costs required to administer the District as deremmrned by the City. "Annual Escalation Factor" means the greater of the increase in the annual percentage change of the All Urban Consumers Consumer Price Tndex (CPI) or the percent increase of salaries and benefits for public safety employees as stated m the DvIemorandum of Understanding for the fiscal year of the Special Tax. The annual CP1 used shall be for the area of Los Angcles-Riverside-Orange County, CA is reflected in the then-current Apnl update. The annual CPI used shall be as- determined by the United States Department of Labor, Bureau of Labor Statistics, and may be obtained through the Califonua Division of Labor Statistics and Research (www.dir.ca..gov/d1sT)- If the foregoing index is not available, the CFI-) Administrator shall select a reasonably comparable nhdcx. "Assessor's Parcel" means a lot or parcel shown in an Asscs-sors Parcel Map with an assigned assessor's parcel number. "Assessors Parcel Map" means an official map of the ,\,lessor of The County designating parcels by assessor's parcel number. "Base Year" means Fiscal Year ending June 30, 2007. "City" means the City oFPalm Springs. "Council" means The City Council of Elie City of Palm Springs, acting as the legislative body of die District. "County" means- the County of Riverside, California "Developed Multi-Family Residence" means all .\ssesanr's Parcels of Developed Property for which a building permit has been issued for purposes of constructing a residential structure consisting of Two or more residential units That share common walls, including, but nor limited to, duplexes, rriplexes, Town homes,condominiums,and apartment whits. "Developed Property" means all Taxable Property, exclusive of ProperTy Owner Association Property,Non-Residential Property, or Public Property, for which a building permit was issued after January 1, 2006 and prior To \fay 1st preceding the Fiscal Year in which the Special Tax is being levied. "Developed Single-Family Residence" means all Assessor,' Parcels of Developed Property for which a building peruut(s) has been issued for purposes of constructing one single-family residential dwelling unit- "District Administrator" means an official of The City, or designee Thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes "District" means Community Facilities Dismct No. 2005-1 (Public Safety Services) of The City of Palm Springs. "Entitled Property" means an Assessor's Parcel and/or Lot in the Dismcr,which has a Final Alap recorded prior to January Isr preceding the Fiscal Year in which The Special Tax is being levied, but for which no building permit has been issued prior to the \lay Vr preceding the Fiscal Year in which die Special Tax is being levied. The term "Lnutled Propciry" shall apply only to Assessors' Parcels and/or Lots,which have been subdivided for The purpose of residential dcvclopmenr, excluding any Assessor's Parcel that is designated as a remainder parcel determined by final documents and/or maps available to the District,ldmini.tr-ntor. "Final Map" means an Assessor's Parcel\'lap,a final subdivision map,other parcel map, other final map, other condominium plan, or functonally- equivalent map that has been recorded in the Office of the County-Recorder. "Fiscal Year" means The period srarung July 1 and coding on The follovvmg junc 30. "Land Use Class" means anv of the classes listed in"A able 1. "Lot" means property within a recorded Final slap identified by a lot number for which a building permit has been issued or may be issued. "Maximum Special Tax" means the maeiinuin Special "fax, determined ni accordance with Section C below that can be levied in the District in any Fiscal fear on any.Assessor's Parcel. "Non-Residential Property" means all ASSC55015' Parccl> for which a building permit(s) has been issued fox a non-residential use and does nor contain any residential units as defined under Developed Single Family Residence or Developed Muln-Family Residence. "Property Owner Association Property" means any property within The boundaries of the District that is owned by, or irrevocably dedicated as indicated in an instrument recorded with die County Recorder to a properly owner association,including any master or sub-association. "Proportionately" means in a manner such that the ratio of the actual Special Tax levy to the 1%1 ximum Special Tar is equal For an Assessor's Parcels wirhin each Land Use Class. "Public Property" means any property within the boundaries of the District that is, at the time of the District formgrion or at The time of an annexaron, expected to be used for righrs-of-way,parks, schools or any other public purpose and is owned by or irrevocably offered for dedication to die federal goveriuncnt,die Statc, the County,the City or any other public agency. "Public Safety Service Costs" means the estimated and reasonable costs of providing police services and fire protection and suppression services- and life safety services,including but not limited to (i) the costs of contracting services, (it) equipment, vehicles, ambulances and paramedics, fire apparatus, supplies, (iii) the salaries and benefits of City staff that directly provide police services and fie protection and suppression services and hfe safety s-civices, respectively, and (iv) City overhead costs associated with providing such services within the District. On each July 1 following the Base Year the increases attributed to salaries and bene Firs shall be calculated and limited to the increase based on die_annual Escalation 1 actor.The Special Tax pro•ides only partial funding for police, fie and life safety services- "Special Tax" means the Special Tax to he levied in each Fiscal Year on each Assessor's Parcel of Taxable Property to fund the Special Tax Requirement, and shall include Special faxes levied or to be levied under Sections C and D,below. "Special Tax Requirement" means that amount required in any Fiscal Year for Tic District to: (i) pay for Public Safety Service Costs; (h) pay reasonable rldmimstrative Expenses; (ni) pay any announis required to cstablh1i or replenish any reservc funds; •ind (iv) pay- for reasonably anticipated delinquent Special Taxcs based on the delinquency rare for Special Taxes levied in the previous Fiscal Year;less any suiplus of fundq available from die previous Fiscal Year's Special Tax levy. "State" means the State of California. "Taxable Property" means all of the Assessors Parcels within the boundaries of Tie District and any future annexation to the District that are not exempt from the Special Tax pursuant to haw or as defined herein. "Tax-Excmpt Property" means an Assessor's Parcel not subject to the Special Tax. Tax-Exempt Property includes; (i) Public Property, (n) Property Owner Aswciation Property, (m) Non-Residential Property,and (iv)property designated by the City or District.Adminisuator as Tax-Exempt Properry. "Undeveloped Property" means, for each Fiscal Year, all -assessor's Parcels of Taxable Property not classified as Developed Pmpctty or Enrided Properry, mclodirg an Assessor's Parcel chat is designated as a remainder parcel and is not identified as pntcnrial Public Property by any final documents and/or maps available to the District Administrator, "Unit" means any separarc residential dwelling uiur in which a person or persons may live, which comprises an independent facdiry capable of conveyance separate from adjacent residential dwelling units and is not considered to be for commercial or indusaial use. g. ASSIGNMENT TO LAND USE CATEGORIFS Each Fiscal Year using the definitions above, all Taxable Properry within the District shall be classified as Developed Property, Entailed Property, or Undeveloped Properly Developed Property shall be further classified as Developed Single-Family Residence or Developed Muld-Family Residence. Commencing with the Base Year and for each subsequent Fiscal Year, all Taxable Property shall be subject to Special Taxes pursuant to Secuons C and D below. C. MAXIMUM SPECIAL,TAX RATE I. Developed Property "TABLE 1 Maximum Special Tax for Developed Property Community Facilities District No.2005-1 (Public Safety Services) Maximum Land Use Description Special Tax Class Per Unit 1 Developed Single-Fanuly $350 per Unit Residence Developed Multi-Family $295 per Unit Residence On each July 1 following dhc Base Year (i c.,July 1, 2007), the Maximum Special Tax Rares in 'fable 1 shall be increased in accordance with the Annual Fs'calarion Factor. Once the Maxim= Special Tax Per Unit. is equal to $50O per Unit, no further Atimial Escalation Factor shall be applied and the Maximum Special Tax Per Unit shall nor exceed $300. 2. Entitled Property TABLE 2 Maximum Special Tax for Entitled Property Community Facilities District No.2005-1 (Public Safety Services) Maximum Special Land Use Description Tax Class Per Lot 3 Entitled Property 100 per Lot No_\nnual,F.s'calauou Factor shall be applied to the\Maximum Special Tax Per Lot for Lntidcd Property. 3. Undeveloped Property Undeveloped Property will be asq�med a \'1a�imum Special Tax Rare of$500 per acre or portion thereof,with a minimum rare of$:100 for Undeveloped Property less [bar) or equal to one-forth(1/4) of an acre as described in Table 3, TA13LE 3 Maximum Special Tax for Undeveloped Property Community Facilities District No. 2005-1 (Public Safety Services) Land Use Description Maximum Special Tax Class Per Parcel/Acre Undeveloped Propert}, =1 $lUU per Assessors Parcel 51/d Acre Undcvclopcd Property 5 °(500 per Acre >1/4 Acre No Annual Escalation Factor shall be applied to the Mi.zmum Special 7'as Per Parcel/Acre for Undeveloped Properly. 4. Tax-Excmpt Property No Special Tax shall be levied on Tax-Excmpt Properly. 5, Multiple Laud Use Classes In some instances an Assessor's Parcel may contain more than one Land Use Class. The INJaxinnum Special Tax levied on an Assessor's Parcel shall be the sum of the IMA-,dmum Special Tax levies- that can be unposed on all Land Use Classes located on that assessor's Parcel. D. ME HOD OF APPORTIONMENT OF THE SPECIAL TAX Commencing with fiscal Year 2006.07, and for each subsequcnl Fiscal Year, the District Adnutusuator shall calculate the Special Tax Requirement based on the definitions in Secnnn A and levy the Special Tax ,is follows until the amoanr of die Special Tax levied equals the Special Taff Requirement, First, the Special Tax shall be levied each Fiscal Year on each Asscss'or's Parcel of Developed Property Proporrionately between Developed Single-Family Residence and Developed Muld-Family Residence up to 10001b of nce applicable llaxunum Special Tax. Second, if the Special Tax Requirement has nor been sausGcd by die fast step, then die Special Tau: shall be levied each Fiscal Year on each ,Assessor's Parcel of Entitled Property op to 100% of the applicable Maximum Special Tax for Entitled Peoperrv. Lasdy, if the first two steps have nor satisfied the Special Tax Requirement-, then the Special Tax shall be levied each Fiscal Year on each Assessor's Parcel of Undeveloped Property up to 1000/ of the applicable Afaxmimn Special Tax for Undeveloped Property. �. APPFALS .Any taxpayer that believes that dic amounr of The Special Tax assigned to an Assessor's Parcel is in error may file a written notice with the District: Administrator appealing the levy of the Special Tax. This notice is required to be filed with Elie District Admiiusuator during the Fiscal Year the error is believed to have occurred. The DistTicl Adimmsttaror or designee will then promptly review the appeal and, if necessary, meet with the taxpayer. if the District Administrator verifies that the rax should be changed the Special Tax levy shall he corrected and,if applicable in any case,a refund shall be granted. F. EXEMPTIONS 1. Residential Property Residenrial Properties which gmmally meet one or more of the following standards shall be exempt from payment of the Special Tax: A Residential Property cansisling of one or two persoti(s) earning $15,300 or less gross income per year, upon complying with procedures to establish such exemption,or a. A Residential Property consisting of tluce persons earning $17,900 or less gross income per year,upon complying with procedures to esEabinsh such exemption,or b. A Residential Propcizy which qualifies fnr eilhcr the Low Income Rare Assistance PP-A) exemption for electrical or gas sen-ices or die Lifeline c>emption for Telephone services. The City is authorized and directed to promulgare idministzative rules and procedures for verification of cligibiliry for the exemptions referred to in section F. G. MANNER OF COiJ FCTION Special Tax as levied pursuant to Section D above shall he collected to the same manner and at the same time as ordinary ad valorem properry la,\es; piolided, however, That the District Administrator may directly bill The Special Tae,may collect Special Taus at a different rune or in a different manner if necessary to meet the financial obligations of the District or as otherwise dciemincd appropriate by the Disrrict -\dminis'trntor H. TERM Of SPECIAL TAX Lvery five years after the establishment of the District, the (,it), Council may reexamine, if deemed necessary by City Council, the necessity of the continuance of die Special Tax through the preparation of a Fiscal Impacr Analysis,otherwise the Special Tax shall be levied in perpetuity. r r EXHIBIT C SAMPLE BALLOT MEASURE a / b J \a µ\n W t V�l SAMPLE BALLOT MEASURE IaQL'0SITTON A! Shall special taxes be levied annually on taxable property midun _ miewation No. 4 of the City of Palm Springs Community Facilities District 2005-1 (Public Safety Services), County of Riverside, State of California (the "District'); and to levv and collect such special taxes so long as the special taxes are needed to pay for pohcc services, fire protection and suppression scn-iccs at die special tax rates and pursuant to die method of appordonuig the special =eN Nei fotih in Exlubir "B" to die Resolution of Formation (Resolution No.21428) adopted by the City Council of the City of Pahn Springs on October 19, 2005? PROPOSTTTnN B Shall an appropriations liimt, as defined by subdivision (h) of Section 8 of Amcle lIIIB of die California Constitution, be established for Annexation No. 4 of die City of Pahn Sprrngs Commumry facilities District 2005-1 (Public Safety Services), County of Riverside, State of California, in the amount of $115,500,000? WAIVER OF CERTAIN ELECTION PROCEDURES WITH RESPECT TO LANDOWNER VOTER ELECTIONS WITHIN AND FOR PROPERTY PROPOSED TO BE ANNEXED INTO COMMUNITY FACILITIES DISTRICT NO. 2005-1 OF THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE,STATE OF CALIFORNIA TO: CITY COUNCIL CITY OF PALM SPRINGS The undersigned PROPERTY OWNER, or representative thereof, does hereby CERTIFY under penalty of pequry,that the following statements are all true and correct: PROPER-T—Y OWNER CONSENT'AND WAIVER 1. The undersigned is the owner or me drily authorized representative of the owner or owners (the "Owner") of that certain real property identified in Exhibit "A" attached hereto and incorporated hcrcin by this reference ("Owner's Property"), and is legally authorized to give the consent and waiver contained herein as such owner or on behalf of such owner- 2- Owner is aware of,understands and agrees to die following: A. The City of Palm Springs (die "City") has conducted proceedings pursuant to the "Mcllo- Roos Community Facilities Act of 1982", as amended, (die "Act") to form City of Palm Springs Community Facilities District No- 2005-1 (Public Services) (the "District") for the purpose of financing certain public services as described below: PUBLIC SAFETY SERVICES Police services, fire protection and suppression services, and lift safety services (the "SenYces'� of the City of Palm Springs required to sustain the service delivery capability for emergency and non-emergency services to new grow-di areas of the City of Palm Springs, including bur not limircd to,equipment,vehicles,ambulances and paramedics, Grc apparatus, services, supplies and personnel; provided, however, that any increases in special taxes for costs related Co employee wages and benefits shall be limited as provided in the Rate and Method of Apportionment of the Special Taxes to fund such Services. Owner's Property is located wrdvn the proposed boundaries of the area to be annexed to the District ("Annexation No. 4")- If Annexation No. 4 is annexed to the District, the Owner's Property will be subject to the levy of the Special raxcs for the District (the "Special Taxes"), A copy of die proposed rare and method of apportionment for the Special tax (tbc "Rate and Nlcihod")is set forth in"Exhibit B"attached hereto. B. Owner has had a reasonable opportunity to review and has reviewed the Rare and Method of Apportonment. C. The Act requires, as a prerequisite to annexing territory to the District, specifically Annexation No. 4, that die City Council adopts a resolution declaring the intention of the City Council to annex Annexation No. 4 to die District (the "Resolution of Intention")-The Act further requires that the City Council,in die Resolution of Intention, to fix the rime and place for a public hearing on the annexation of Annexation No. 4 to the District(the"Public Hearing") which shall be not less than thirty (30) nor more than sixty (60) days after the adoption of the Resolution of Intention. The Act further requires that notice of such a public hearing be published at least seven (7) days prior to the date of such public hearing. D. The Act requires, as a prerequisite to the levy of the Special Taxes, that the District must submit the question of whether or nor to levy such special tax to die qualified electors of die territory to be annexed to the District at a special election. The Act further provides that two-thirds (2/3's) of the votes cast on the question of whether or nor to levy the special tax must be in favor of the levy of such special tax if the levy of such special tax is to be authorized. Tlie Act provides That the qualified CICCLnrS shall be the voters registered to vote within the renirory proposed to be included in the District if at least twelve (12) persons,who need nor necessarily be the same twelve (12) persons, have been registered to vote witin such rerriritory for each of the ninety (90) days preceding the close of[he Public Hearing scheduled to occur on ]unc 20, 2007. Otherwise, the Act provides that die vote shall be by the landowners of territory proposed to be annexed to the District which will be subject to the levy of the special tax,with each such landowner who is the owner of record at Elie close of the Public Hearing,or die authorized represcntarivc of such owner,having one vote for each acre or portion of an acre of land that such landowner owns within the proposed territory to be annexed to the District. R The provisions of the Act require that such special election be held at least ninety (90) bur nor more than one hundred eighty days (IRO) following the dare of the adoption of the resolution submitting the proposal to Consider the audiorization to levy the special taxes pursuant to the Rate and iNdethod on the territory proposed to be annexed to die District to the qualified electors thereof(the "Resolution of Formation"). Election Code Section 4000 provides that a special election to authorize die levy of a special tax may be conducted by mall if such an election is held on one of the following csriblishcd mail ballot election dares (the"Established Mailed Ballor Election Dates"): (a) the first Tuesday after die first Monday in May of each year, (b) the first Tuesday after the first Monday in March of each even- numbered year or (c) the last Tuesday in August of each year. The Act provides, however, that any such special election rime limit specified by the Act or requirement pertaining to the conduct of such a special election may be waived with the unanimous consent of the qualified electors and die concurrence of die official conducting die election. As is stated below,it is proposed that such special election (the "Special Election") shall be held on june 20,2007,a dare which will be less than ornery (90) days from the dare of the Public Hearing and nor on a dare specified in Elections Code section 4000. 3. Owner has had a reasonable opportunity to consult with and to be advised by Owner's legal counsel regarding the matters contained in this document and the exhibits hereto. 4. Owner terrifies that there have been no persons residing and registered to vote within the Owner's Property for each of the ninety(90) days preceding the date of this Consent and Waiver. 5. Owner desires and requests that die special election be held onjune 20,2007, or such other date as the Owner and the City Clerk of the City (the "City Clerk"), acting as the official conducting the election, may mutually agree, a dare which may be less than ninety (90) days from the date of die adoption of the Resolution of Annexation. 6. Owner expressly consents (a) to the conduct of the public hearing on June 20, 2007, and (b) to the conduct of the Special Election on June 20,2007, or such other dart upon which all of the qualified electors and the City Clerk conducting the election may concur, 7. Owner expressly waives: A. any right which Owner may have to have the public Hearing conducted and notice of the Public Hearing given within the time periods and in accordance with the manner specified in Government Cade Sections 53321 and 53322; $, any tight which Owner may have for the Special Election to be conducted within the time periods specified in Government Code Section 53326; C. any right which Owner may have for die Special Election to be conducted on a date specified in Elections Code Section 4000; D. any protest,complaint or legal action of any nature whatsoever pertaining to the. shortening of all time periods pertaining to (a) the Public I-lcaring and notice thereof and (b) the Special Election, including but not lirnitcd to, die time for holding the Special Election and the necessity and requirement for any newspaper publication of the notice of the Special Election; E. any requirement for the mailing of the ballot; F, any requirement for the preparation of ballot argumcrits, rebuttal arguments and/or an impartial analysis as to the ballot propositions set forth in Exhibit C. 8. Owner expressly consents to (a) the proposed lcwy of special taxes within Annexation No. 4 pursuant to the provisions of the Act and the rate and method of apportionment of special taxes to finance the services described above and (b) establish an Article X1IIB appropriations limit equal to S115,500 000. PROPERTY OWNER APPOIN'X'MENT OF AUTHORIZED REPRESENTATIVES The owner hereby appoints or alternatively, as its authorized representative to vote in the Special Election,and the owner certifies that the true and exact signature of each alternative representative is set forth below: Signature (Type or Print Name of Represtntarivc) Signanuc (Type or Print Name of Representative) [REMAINDER OF THIS PAGE.INTENTIONALLY LEFT BLANK] THIS CONSENT AND WAIVER AND APPOINTMENT OF AUTHORIZED REPRESENTATIVES was exccuted this 1L day of_ -,�441(: ,2007,m ,Cahfornia. ( i marurc) GRAC5 �IOrU�S s Type or Print Namc of Sib or If rha person executing this document is not the Owner for which this documenr is being submitted but is signing for and on behalf of the Owner,please fill in the name of the Owner on the line provided below: GRAM JON95 Ro—% 1RUSms (Type or print name of the Owner) i „h EXHIBIT A DESCRIPTION OF PROPERTY e. r r J r ;i r s 1 v" ;1 d DESCRIPTION OF PROPERTY The land referred to is situared in the County of Riverside,City of Palm Springs,State of California and is described as the following Riverside County Assessor Parcel Number(s)! Lot 2 within Tract 33878-1, which Tract Map was recorded with the Riverside County Recorder on February 8,2007 in Book 416 at Pages 1-5 r, f, EXHIBIT B RATE AND METHOD OF APPORTIONMENT J. r , i Mr , A \i /(yJ� ✓ \P N .h W' EXHIBIT B CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES) RATE.AND METHOD OF APPORTIONMENT A Special Tax of Community Facilities District No. 2005.1 (Public Safety Services) of the City of Palm Springs (dic "District") shall be levied on all Assessor's Parcels in the District and collected each Fiscal Year commencing in fiscal Year 2006-07 in an amount determined by the City through the application of die rate and method of apportionmcnr of the Special Tax set forth below. All of the real property in the District, unless exempted by law or by the provisions hereof, shall be taxed for die purposes, to the extent and in die manner herein provided. A. DEFINITIONS The terms hereinafter act forth have the following meanings: "Acre or Acreage" means die land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is nor shown on an Assessor's Parcel Map, the land area shown on the applicable final subdivision map, other final map, other parcel map, other condominium plan, or functionally equivalent map or instrument recorded in the Office of the County Recorder. The square Coorage of an Assessor's Parcel is equal to the Acreage multiplied by 43,560. "Act" mcans the Mello-Roos Community Facilirics Act of 1982, being Chapter 2.5, Part 1,Division 2 of Tide 5 of the Government Code of the State of Cahfornia, as amended, which authorizes the establishment of the District to finance: a) police protection services, and b) fire protection and suppression services, and life safety services including bur nor limited to ambulance and paramedic services. "Administrative Expenses" means the actual or estimated costs incurred by the City as administrator of ehc District to dCtcrnune, levy and collect the Special Taxes, including the propomonare amount of the salaries and benefits of City employees whose duties are directly related to administration of the District and the fees of consultants, legal counsel, the costs of collecting installments of the Special Taxes upon die general tax rolls,preparation of required reports; and any other costs required to administer the District as determined by the City. "Annual Escalation Factor" mcans the greater of the increase in the annual percentage change of the All Urban Consumers Consumer Price Index (CPI) or the percent increase of salaries and benefits for public safety employees as stated in the Memorandurn of Understanding for the fiscal year of the Special Tax. The annual CPI used shall be for ehc area of Los Angelcs-Riverside-Orange County, CA as reflected in the then-current April update. The annual CPI used shall be as determined by the United States Department of Labor, Bureau of Labor Statistics, and may be obtained through die California Division of Labor Statistics and Research (www.dir.ca.gov/dlsr)_ Tf the foregoing index is not availablc, the CFD Administrator shall select a reasonably comparable index. "Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned assessor's parcel number. "Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels by assessor's parcel number. "Base Year" means Fiscal Year ending June 30,2007. "City" means the City of Palm Springs. "Council." means the City Council of the City of Palm Springs, acting as the legislative body of the District. ` "County" means the County of Rhvcrs'ide,California "Developed Multi-Family Residence" means all Assessor's Parcels of Devcloped Property for which a building permit has been issued for purposes of constructing a residential structure consisting of rwo or more res'idcridal units that share common walls, including, but nor limited to, duplexes,criplexcs,town homes,condominiums,and aparmicnt units. "Developed Property" means all Taxable Property, exclusive of Property Owner Association Property,Non-Residendal Properry, or Public Property, for which a building permit was isbucd after January 1, 2006 and prior to May 1st preceding the Fiscal Year m which the Special Tax is being levied. "Developed Single-Family Residence" means all Assessors' Parcels of Developed Property for which a building permit(s) has been issued for purposes of constructing one single-family residential dwelling unit" "District Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of die Special Taxes. "District" means Commtrniry"Facilities District No.2005-1 (Public Safety Services) of the City of Palm Springs. "Entitled Property" means an Assessor's Parcel and/or Lot in the District,which has a final Map recorded prior to January 1sr preceding the fiscal Year in which die Special Tax is being levied, but for which no building permit has been issued prior to the May 1 preceding the Fiscal Year in which the Special Tax is being levied. The term 7,nritled Property" shall apply only to Assessors' Parcels and/or Lots,which have been subdivided for the purpose of residential development, excluding any !assessor's Parcel that is designated as a remainder parcel determined by final documents and/or maps available to the District Administrator. "Final Map" means an Assessor's parcel Map,a final subdivision map,other parcel map,other final map, other condominimn plan, or functionally equivalent map that has been recorded in the Office of the County Recorder" "Fiscal Year" means the period stamng July 1 and ending on the followmg]unc 30. "Land Use Class" means ally of the classes listed in Table 1" "Lot" means property within a recorded Final Map identified by a lot number for which a building permit has been issued or may be issued. "Maximum Special Tax" means the maximum Special Tsai, determined in accordance with Section C below that can be levied in the District in any Fiscal Year on any Assessor's Parcel. "Non-Residential Property" means all Assessors' Parcels for which a building permir(s) has been issued for a non-residential use and does not contain any residential units as defined under .Developed Single Family Residence or Developed Multi-family Residence. "Property Owner Association Property" means any property within the boundaries of the District that is owned by, or irrevocably dedicated as indicated in an instrument recorded with the County Recorder to a property owner association,including any master or sub-association. "Proportionately" means in a manner such Chat the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Assessor's Parcels widen each Land Use Class. "Public Property" means any property within the boundaries of the District that is, at the time of tic District formation or at the time of an annexation, expected to be used for rights-of-way, parks, schools or any other public purpose and is owned by or irrevocably offered for dedicanon to die federal government, the State, the County, the City or any other public agency. "Public Safety Service Costs" means the estimated and reasonable costs of providing police services and fire protection and suppression services and life safety services,including bur not hrrined to (i) the costs of contracting services, (ii) equipment, vehicles, ambulances and paramedics, fire apparatus, supplies, (ii) the salaries and benefits of City staff that directly provide police services and fire protection and suppression services and life safety services, respectively, and (iv) City overhead costs associated with providing such scmccs within the District. On each July 1 following the Base Year the increases attributed to salaries and benefits shall be calculated and limited to the increase based on the Annual Escalation Factor.The Special Tax provides only partial funding for police, fire and life safety services. "Special.Tax" means the Special Tax to be levied in each F'iscai Year on each Assessor's Parcel of Taxable Property to fund the Special Tax Requirement, and shall include Special Taxes levied or to be levied under Sections C and D,below. "Special.Tax Requirement" means that ainounr required in any Fiscal Year for the District to: (i) pay for Public Safety Service Costs; (ii) pay reasonable Administrative Expenses; (iii) pay any amounts Iequired to establish oI Ieplemsh any Ieserve funds; and (iv) pay for reasonably anticipated delinquent Special Taxes based on the delinquency rare for Special Taxes levied in the previous fiscal Year;less any surplus of funds available from the previous fiscal YeaI's Speclal Tax levy. "State" means the State of California. "Taxable Property" means all of die Assessor's Parcels within the boundaries of the District and any future annexation to the District that are not exempt from the Special Tax pursuant to law or as defined herein- "Tax-Exempt Property" means an Asscssors Parcel not subject to the Special Tax. Tax-Licempt Property includes: (i) Public Property, (it) Property Owner Association Property, (iii) Non-Residenrial Property,and (iv)properly designated by the City or District Administrator as Tax-Exempr Property-. "Undeveloped Property" means, for each Fiscal Year, all Assessor's Parcels of Taxable Property not classified as Developed Property or Entitled Property, including an Assessor's Parcel that is designated as a remainder parcel and is nor identified as potential Public Property by any final documents and/or maps available to the Distract Administrator. "Unit" means any separate residential dwelling unit in which a person or persons may live, which comprises an independent facility capable of conveyance separate from adjacent residential dwelling units and is not considered to be for commercial or industrial use- B. AS,;JQNMENT TD LAND 1JSE CATEGORIES Each Fiscal Year using the dchnitions above, all. Taxable Property within the Distncr shrill be classified as Developed Property, Entitled Property, or Undeveloped Property. Developed Property shall be further classified as Developed Single-Family Residence or Developed Muln-Family Residence. Commencing with the Base Year and for each subsequcnr Fiscal Year, all Taxable Property shall be subject to Special Taxes pursuant to Sections C and D below. C. )•nvTAXIMUM SPECIAL TAN RATE 1. Developed Property TABLE 1 Maximum Special Tax for Developed Property Community Facilities District No. 2005-1 (Public Safety Services) Maximum Land Use Description Special.Tax Class Per Unit 1 Developed Single-Farnily 5350 Per Unit Residence 2 Developed Multi-Family $295 per Unit Residence On each July 1 following the Base Year (i.e., Tuly 1, 2007), the Maximum Special Tax Rates in Table 1 shall be increased in accordance with the Annual Escalation Factor. Once dhe Maximum Special Tax Per Unit is equal to $500 per Unit, no further Annual Escalation Factor shall be applied and the Maximum Special Tax Per Unit shall not exceed$500, 2. Entitled Property TABLE 2 Maximum Special Tax for Entitled Property Community Facilities District No. 2005-1 (Public Safety Services) Maximum Special Land Use Description Tax Class Per Lot 3 Entitled Property $100 per Lot No Annual Escalation Factor shall be applied to the Maximtun Special Tax Per Lot for Entitled Property. 3. Undeveloped Property Undeveloped Property will be assigned a Maximum Special Tax Rate of$500 per acre or portion thereof, with a minimtun rate of$100 for Undeveloped Property less than or equal to one-forrh (1/4) of an Acre as described in Table 3, TABL7 3 Maximum Special Tax for Undeveloped Property Community Facilities District No.2005-1 (Public Safety Services) Land Use Description Maximum Special Tax Class Per Parcel/Acre Undeveloped Property 4 51/4 Acre $100 Per assessors Parcel 5 Undeveloped Property $500 per llcrc 71/4 Acre No Annual Escalation factor shall be applied to thr Maximum Special Tax Per Parcel/Acre for Undeveloped Property. 4. Tax-Exempt Property No Special Tax shall be levied on Tax-Exempt Properry. 5. Multiple Land Use Classes In some instances an Assessor's Parcel may contain more than one Land Use Class. The Maximum Special Tax levied on m Assessor's Parcel shall be the sum of The Maximum Special Tax levies that can be imposed on all Land Use Classes located on that Assessor's Parcel, D. MEICHOD OF APPOI2TIO?�LMENT OF THP SPECIAL TAX Commencing with Fiscal Year 2006-07, and for each subsequent Fiscal Year, die District Administrator shall calculate the Special Tax Requirement based on the definitions in Section A and levy die Special Tax as follows until the amount of the Special Tax levied equals the Special Tax Requiremenr. First, the Special Tax shall be levied each fiscal Year on each Assessor's Parcel of Developed Property Proportionately between Developed Single-Family Residence and Developed Multi-Family Residence up to 100% of the applicable Maximum Special Tax. Second,if the Special Tax Requirement has not been satisfied by the first step, then the Special Tax shall be levied each Fiscal Year on each Assessor'y Parcel of Ennded Property tip to 100% of the applicable Maximum Special Tax for Entitled Property. Lastly, if the first two steps have not satisCcd The Special Tax Requirement, then the Special Tax shall be levied cacti Fiscal Year on each Assessor's Parcel of undeveloped Property up to 100% of the applicable Maximum Special Tax for Undeveloped Property. APPEALS Any raxpayer that believes that the amount of the Special Tax assigned to an Assessor's Parcel is in error may file a written nonce with the District Administrator appealing die levy of the Special Tax. This notice is required to be Fled wide the District Adininis'uator during Elie Fiscal Year the error is believed to have occurred. The District Administrator or designee will then promptly review the appeal and, if necessary, meet with the taxpayer if the District Administrator verifies that the lax should be changed the Special Tax levy shall be corrected and,if applicable in any case,a refund shall be granted. �. EXEMPTIONS 1. Residential Property Residential Properties which annually meet one or more of the following standards shall be exempt from payment of the Special Tax: A Residential Properry consisting of one or two person(s) earning $15,300 or less gross income per year, upon complying with procedures to establish such exemption,or a. A Residential Property consisting of three persons earning $17,900 or less gross income per,year,upon complying wadi procedures ro establish such exemption,or b. A Residential Property-which qu lifics for either the Low Income Rate Assistance (LIRA) exemption for electrical or gas services or the Irfeline exemption for telephone services. The City is authorized and directed to promulgate adrmnistrarive rules and procedures for verification of eligibility for the exemptions referred to in section F. �. MANNER OF COLLECTION Special Tax As levied pursuant to Section D above shall be collected in the same manner and at the same time as ordinary ad valarenr properry taxes; provided, however, that the District Administrator may directly bill the Special Tax,may collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations of the District or as otherwise determined appropriate by the District Administrator. I I. TERM OF SPECIAL TA7� Every five years after the establishment of the District, the City Council may reexamine, if deemed necessary by City Council, the necessity of the continuance of the Special Tax through the preparation of a Fiscal Impact Analysis,otherwise the Special Tax shall be levied in perpetuity. yf \il 141 'f� l yyp�'�av EX14IBIT C SAMPLE BALLOT MEASURE y ,. I 1 SAMPLE BALLOT MEASURE PROPOSITION A: Shall special taxes be levied annuallv on taxable property within Annexation No. 4 of the City of Palm Springs Community.Facilities Districr 2005-1 (Public Safety Services), County of Riverside, State of California (the "District'); and to levy and collect such special taxes so long as the special taxes are needed ro pay for police services, fire protection and suppression SCrVleeS at the special tax tares and pursuant to the method of apportioning the special taxes set tordn in Exhibit "B" ro the Resolution of Formation (Resolution No.21428) adopted by the City Council of the City of Palm Springs on October 19,2005? PROPOSITION B: Shall an appropriations limiS as defined by subdivision (h) of Section 8 of Article XIIIB of the California Consmution, be established for Annexation No. 4 of the City of Palm Springs Community Facihrics Distnet 2005-1 (Public Safety Services), County of Riverside, State of California, in the amount of g115,500,000? WAIVER OF CERTAIN ELECTION PROCEDURES WITH RESPECT TO LANDOWNER VOTER ELECTIONS WITHIN AND FOR PROPERTY PROPOSED TO 13E ANNEXED INTO COMMUNITY FACILITIES DISTRICT NO. 2005-1 OF THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE,STATE OF CALIFORNIA TO! CITY COUNCIL CITY OF PALM SPRINGS The undersigned PROPERTY OWNER, or representative thereof, does hereby CERTIFY under penalty of perjury,that the following statements are all true and correct: PROPERTY OWNER CONSENT AND WAIVER L The undersigned is the owner or the duly authorized representative of the owner or owners (the "Owner") of that certain real property identified in Exhibit "A" attached hereto and incorporated herein by rlvs reference ("Owner's Property"), and is legally authorized to give the consent and waiver contained herein as such owner or on behalf of such owner. 2. Owner is aware of,understands and agrees to the following: A. The City of Palm Springs (the "City") has conducted proceedings pursuant to the "Mello- Roos Community Facilities Act of 1982", as amended, (the "Act") ro form City of Palm Springs Community- Facilities District No. 2005-1 (Public Services) (the "Distinct") for the purpose of financing terrain public services as described below: PUBLIC SAFETY SERVICES Police services, fire protection and suppression services, and life safety services (the "Services") of the City of Palm Springs required to sustain the service delivery capability for emergency and non-emergency services m new growth areas of the City of Palm Springs, including but not limited to, equipment,vehicles,ambulances and paramedics, fire apparams, services, supplies and personnel; provided, however, that any increases in Special tares for costs related to employee wages and benefits shall be limited as provided in the Rate and Method of Apportionment of the Special Taxes to fund such Services. Owner's Property is located widiin the proposed boundaries of the area to be annexed to the Disrricr ("Annexation No. 4"). If Annexation No. 4 is annexed-to the District, the Owner's Properly will be subject to the levy of the special taxes for die District (the "Special Taxes"). A copy of the proposed rate and method of apportionment for the special tax (the "Rate and Method") is set forth in "Exhibit B"attached herein. B. Owner has had a reasonable opportunity to review and has reviewed the Rare and Method of Apportionment. C. The Act requires, as a prerequisite to annexing territory to Lhe District, Specifically Annexation No. 4, that the City Council adopts a resolution deflating the intention of the City Council to annex Annexation No. 4 ro the District (die "Resolution of Intention"). The Act further requires that the City Council,in the Resolution of Intention,to fix the time and place for a public hearing on die annexatton of Annexation No. 4 to die District(the"Public Hearing") which shall be nor less than thirty (30) nor more than sixty (60) days after the adoption of die Resolution of Intention. The Act furElicr requires that notice of such a public hearing be.published at lcasr seven (7) days prior to the date of such public hearing. D. The Act requires, as a prerequisite to the levy of the Special Taxes, that the District must submit the question of whether or nor to levy Such Special tax to the qualified electors of the territory to be annexed to the District at a special election. The Act further provides that two-thirds (2/3's) of the votes cast on the question of whether or not to levy the special tax must be. In favor of die levy of such special tax if the levy of such special tax is to be authorized. The Act provides that the qualified electors shall be the voters registered to vote within the territory proposed to be included in the District if at least twelve (12) persons,who need nor necessarily be the same twelve (12) persons, have been registered to vote within such territory for each of the ninety(90) days preceding the close of die Public(-searing scheduled to occur on June 20, 2007, Otherwise, the Act provides that the vote shall be by the landowners of territory proposed to be annexed to the Diszdcr which will be subject to the levy of the special tax,with each such landowner who is the owner of record at the close of the Public Hearing,oI the authorized representative of such owner,having one vote for each acre or portion of an acre of land that such landowner owns within the proposed territory to be amicxcd to the District, P. The provisions of the Act require that such special election be held at least mnery (90) but not more than one hundred eighty days (180) following the date of the adoption of the resolution submitting the proposal to consider die authorization to levy the special taxes pursuant to the Rate and Method on the territory proposed to be annexed io the District to the qualified electors thereof(the "Resolution of Formation"). Election Code Section 4000 provides that a special elccdon to authorize the levy of a special tax may be conducted by mail if such an election is held on one of the following established mail ballot election dates (Elie "Established Mailed Ballot Election Dates'): (a) the first Tuesday after the first Monday in May of each year, (b) the first Tuesday after the first Monday in March of each even- numbcred year or (c) the last Tuesday in August of each year. The Act provides, however, that any such special election time limit specified by the Act or requirement pertaining to the conduct of such a special election may be waived with the unanimous consent of the qualified electors and the concurrence of the official conducting tie election. As is stated below,it is proposed that such special election (the "Special Election") shall be held on June 20, 2007, a date which will be less than ninety (90) days from the date of the Public Hearing and nor on a date specified in Elections Cod,secuon 4000. 3. Owner has had a reasonable opportunity to consult with and to be advised by Owners legal counsel regarding die matters contained in this document and the exhibits hereto. 4. Owner certifies rhat there have been no persons residing and registered to vote wirhin the Owner's Property for each of the ninety(90) days preceding the date of this Consent and Waiver. 5. Owner desires and requests that the special election be held on June 20, 2007, or such other date as the Owner and die City Clerk of the City (the "City Clerk"), acting as the official conducting the election, may mutually agree, a date which may be less than ninety (90) days from the date of the adoption of the Resolution of Annexation. (. Owner expressly consents (a) to the conduct of die public hearing on Junc 20, 2007, and (b) to the conduct of the Special Election on June 20, 2007, or such other date upon which all of the qualified electors and the City Clerk conducting the election may concur. 7. Owner expressly waives; A. any right which Owner may have to have the Public Hearing conducted and notice of the Public Hearing given within die time periods and in accordance with die manner specified in Government Code Sections 53321 and 53322, B. any nghr wlvch Owner may have for the Special Election to be conducted widen the rune periods specified in Government Code Section 53326; C. any right which Owner may have for the Special Election to be conducted on a dare specified in Elections Code Section 4000; D. any protest, complaint or legal action of any nature whatsoever pertaining to the shortening of all rime periods pertaimng to (a) the public 1learing and notice thereof and (b) die Special Election, including bur not hmited to, die time for holding the Special Election and the necessity and requirement for any newspaper publication of the notice of the Special Election; E. any requirement for the mailing of the ballot; P. any requirement for die preparation of ballot arguments, rebuttal arguments and/or an impartial analysis as to the ballot propositions set Forth in Exhibit C. 8. Owner expressly consents to (a) the proposed levy of special taxes within Annexation No.4 pursuant to the provisions of the Act and the rate and method of apportionment of special taxes to finance the srrviccs described above and (b) cstablish an Article XIIIB appropriations limit equal zo $115,500,000, PROPERTY OWNER APPOINTMENT W7 AUTHORI7_F;I)_REPRESENTATIVES The owner hereby appoints nr , ,dicrnarively, as its audionzed ceprescntativc to vote in the Special Election,and the owner certifies that the tnic and enact signature of each alternative representative is set forth below: Signantre (Type or Print Name of Representative) Signantrc (Type or Print Name of Representad c) [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK) �. THIS CONSENT AI I� N APPOINTMEN ALi HOR ZED REPRESENTATIVES was execurcd this ay�of Y' " 2007,in (St LC) f Type Ch Name of Signor If the person executing this document Is not the Owner for whrhis document is being submitted bur is signing for and onbehalf of the Owner,please fill iin( the name of the Owner on the line provided below: (Type or print name of the Owner) T ti t _a J C, 1 1,b SA EXHIBIT A DESCRIPTION OF PROPERTY ti. r� h i' r °v DESCRIPTION OF PROPERTY The land referred to is siruared in the County of R1vtrside,City of Palm Springs,State of California and is described as the following Riverside County Assessor Parcel Numbcr(s): Lot I within Tract 33878-1, which Tract Map was recorded with the Riverside County Recorder on February 8,2007 in Book 416 at Pages 1-5 f , 'w EXHIBIT P, RATE,AND METHOD OF APPORTIONMENT y yr , r EXHIBIT B CITY OP PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES) RATE AND METHOD OF APPORTIONMENT A Special Tax of Community Facilities District No. 2005-1 (Public Safety Services) of the City of Palm Springs (rhe "Disrricr") shall be levied on all Assessor's Parcels in the Districr and collected each Fiscal Year commencing in Fiscal Year 2006-07 in an amount dercrmiined by the City through the apphcadon of the rate and method of apportionmenr of rlu Special Tax set £orrh below. All of the real properry in ncc District, unless excmpred by law or by ncc provisions hereof, shall be razed for the purposes, to the extcnr and in the manner herein provided. A. DEFINITfONS The rams hereinafter set forth have The following meanings: "Acre or Acreage" means ncc land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if nce land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final subdivision map, other final map, other parcel map, other condominium plan, or funcrionally equivalenr map or instrument recorded in the Office of the County Recorder. The square footage of an Assessor's Parcel is equal to the Acreage multiplied by 43,560. "Act" means nce Mcllo-Roos Communitv Facilities Acr of 1982, being Chapter 2.5, Parr 1,Division 2 of Title 5 of the Government Code of the Stare of California, as amended, which aurhonzes the establishment of the Districr ro finance: a) police proiccdon sconces, and b) fire protection and suppression services, and life safety services including but nor limircd ro ambulance and paramedic Services. "Administrative Expenses" means the acrual or esnmarcd costs incurred by ncc Ciry as administrator of the Districr to dcrcrrninc, levy and collect ncc Special Taxes, including the propordonarc amount of the salaries and benefits of City employees whose duties are direcdy related to administration of dvc District and the fees of consultants, legal counsel, the costs of collecting installments of the Special Taxcs upon the general tax rolls,preparation of required reports; and any other costs required to administer tic District is determined by the Ciry. "Annual Escalation Facro? means nce Greater of the increase in Elie annual percentage change of the All Urban Consumers Consumer Price Index (CPI) or the percent increase of salaries and benefits for public safety employees as stated in Elie Memorandum of Understanding for the Fiscal year of the Special Tax. The annual CPI used shall be for die area of Los Angeics-Riversidc-Orange County, CA as reflecrcd in the then-current April update. The annual CPI used shall be as determined by the United States Deparmicnr of Labor, Bureau of Labor Sratisrics, and may be obtained through dic Cahfornia Division of Labor Sratisncs and Research (www.dir.ca.gov/disr). If ncc foregoing index is nor available, the CFD Adminisrramr shall select a reasonably comparable index. ".Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned assessor's parcel number. "Assessor's Parcel Map" means an official map of the Assessor of tic County designating parcels by assessor's parcel number. "Base Year" means Fiscal Year ending June 30,2007. "City" means die City of Palm Springs. "Council" means the City Council of the City of Palen Springs, acting as the legislative body of the District. "County"means the County of Riverside,California. "Developed Multi-Family Residence" means all Assessor's Parcels of Developed Property for which a building pemut has been issued for purposes of constructing a residential structure consisting of two or more residential units that share common walls, including, but not hrnited to, duplexes,triplexes,town homes,condominiums,and apartment units. "Developed Property" means all Taxable Property, exclusive of Property Owner Association Property,Non-Residendal Property, or Public Property, for which a building permit was issued after January 1, 2006 and prior to May 1sr preceding the Fiscal Year in which the Special Tax is being levied. "Developed Single-Family Residence" means all Assessors' Parcels of Developed Property for which a building permir(s) has been issued for purposes of constructing one single-family residential dwelling unit. "District Administrator" means an official of the City, or designee thereof, responsible For determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes. "District" means Community Facilities,District No.2005-1 (Public Safety Services) of the City of Palm Springs. "Entitled Property" means an Assessor's Parcel and/or Lou in the District,which has a Final Map recorded prior to January 1st preceding the Fiscal Year in which the Special Tax is being levied, but for which no building perinit has been issued prior to the May IA preceding the Fiscal Year in which the Special Tax is being levied. The term "Entitled Property" shall apply only to Assessors' Parcels and/or Lots, which have been subdivided for the purpose of residential development, excluding any Assessor's_Parcel that is designated as a remainder parcel determined by final documents and/or maps available to the District Administrator. "Final Map" means an Assessor's Parcel Map,a final subdivision map,other parcel map,other final map, other condominium plan, or functionally equivalenr map that has been recorded in the Office of the County Recorder. "Fiscal Year" means the period starting July 1 and ending on the following June 30. "Land Use Class"means any of the classes listed in Table 1. "Lot" mcans property within a recorded Final Map identified by a lot number for wlvch a building pennir has been issued or may be issued. "Maximum Special. Tax" means the maximum Special Tax, determined in accordance wide Section C below dhat can be levied in the District in any Fiscal Year on any Assessor's Parcel- "Non-Residential Property" means all Assessors' Parcels for which a building permit(s) has been issued for a non-residential use and does nor contain any residential units as definer under Developed Single Famly Residence or Developed Multi-hamily Residence. "Property Owner Association Property" means any property wid-iin the boundaries of the District that is owned by, or irrevocably dedicated as indicated in an instrument recorded with the County Recorder to a property owner association,including any master or sub-association. "Proportionately" means in a manner such tLit the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Assessor's Parcels xvithin each Land Use Class. "Public Property" means any property within the boundaries of the District that is, at the time of the Distrier formation or at the time of an annexation, expected to be used for rights-of-way, parks, schools or any other public purpose and is owned by or irrevocably offered for dedication to the federal government,the State, the County,the City or any other public agency. "Public Safety Service Costs" means the estimated and reasonable costs of providing police services and fire protection and suppression services and life safety services,including but nor limited to (i) the costs of contracting services, (ii) equipment, vehicles, ambulances and paramedics, fire apparatus, supplies, (ii) the salaries and benefits of City staff that directly provide police services and fire protection and Suppression scrvicca and lift safety srrvlces, respectively, and (iv) City overhead costs associated with providing such services within the District. On each July 1 following the Base Year the increases attributed to salaries and benefits shall be calculated and limited to the increase based on the Annual Escalation Factor.The Special Tax provides only partial funding for police, fire and life safety services. "Special Tax" means die Special Tax to be levied in each Fiscal Year on each Assessor's Parcel of Taxable Property to fund the Special Tax Requirement, and shall include Special Taxes levied or to be levied under Sections C and D, below. "Special Tax Requirement" mcans that amount required in any Fiscal Year for the District to: () pay for Public Safety Service Costs; (it) pay reasonable Administrative Expenses; (iii) pay any amounts required to establish or replenish any reserve funds; and (iv) pay for reasonably anticipated delinquent Special Taxes based on the delinquency rare for Special Taxes levied in the previous fiscal Year;less any surplus of funds available from die previous Fiscal Year's Spccial Tax levy. "State" means the State of California. "Taxable Property" means all of the Assessor's Parcels within the boundaries of the District and any future annexation to the Districr that are not exempt from the Special Tax pursuant to law or as defined herein. "Tax-Exempt Property" means an Assessor's Parcel nor subject to the Special Tax. Tax-Exempt Property includes: O Public Property, (i) Property Owner Association Properly, (iii) Non-Residenual Property,and (iv)propclry designated by the City or District Administrator as Tax-Exempt Property. "Undeveloped Property" means, for each Fiscal Year, all Assessor's Parcels of Taxable Property nor classified as Developed Property or Entitled Property, including an Assessor's Parcel that is designated as a remainder parcel and is nor identified as potential Public Property by any final documents and/or maps available to the District Administrator. "Unit" means any separate residential dwelling unit in which a person or persons may live, which comprises an independent facility capable of conveyance separate from adjacent residential dwclluig units and is not considered to be for commcrcial or industnal use. B. ASSIGNMENT TO LAMA USF CATFGORTFS Each fiscal Year using ncc definitions above, all Taxable Propciry wirhin the District shall be classitcd as Developed Property, Entitled Property, or Undeveloped Property, Developed Property shall be further classified as Developed Single-Family Residence or Developed Muld-Family Residence. Commencing with the Base Year and for each subsequent Fiscal Year, all Taxable Property shall be subject to Special Taxes pursuant to Sections C and D below. C, MAXIMUM SPFCIAL TAX RATE 1. Developed Property TABLE 1 Maximum Special Tax for Developed Property Community facilities District No.2005-1 (Public Safety Services) Maximum Land Use Description Special Tax Class Per Unit l Developed Single-Family $350 per Unit Residence 2 Developed Multi-Family $275 per Unit Residence On each July 1 following the Base Year (i.e.,July 1, 2007), the Maximum Special Tax Rates in Table 1 shall be increased in accordance with the Annual Escalation Factor. Once the Maximum Special Tax Per Unit is equal to $500 per Unit, no further Annual Escalation Factor shall be applied and the Maximum Special Tax Per Unit shall not exceed 5500. 2_ Entitled Property TABLE 2 Maximum Special Tax for Entitled Property Community Facilities District No.2005-1 (Public Safety Services) Maximum Special Land Use Description Tax Class Per.Lot 3 Entitled Properly 5100 per Lot No Annual Escalation Facror shall be applied to the Maxmum Special Tax Per Lot for Entitled Property. 3. Undeveloped Property Undeveloped Property will be assigned a Maximum Special Tax Rare of $500 per acre or portion thereof,with a minimmm rare of 5100 for Undeveloped Property less than or equal zo one-forrh (1/4) of an Acre as described in Table 3. TABLE 3 Maximum Special Tax for Undeveloped Property Community Facilities District No.2005-1 (Public Safety Services) Land Use Description Maximum Special Tax Class Per Parcel/Acre 4 Undeveloped Property 51/4Acre per CI ASSCSSorS PaICCl 5 Undeveloped Property $500 per Acre >1/4 Acre No Annual Escalation Factor shall be applied to the Maximum Special Tax Per Parcel/Acre for Undeveloped Property. 4. Tax-Exempt Property No Special Tax shall be levied on Tax-Exempt Property. 5. Multiple Land Use Classes In some instances an Assessor's Parcel may contain more than one land Use Class. The Maximum Special Tax levied on an Assessor's Parcel shall be the s'um of die Maximum Special Tax levies that can be imposed on all Land Use Classes located on that Assessor's Parcel. D. METHO CIAL TAX Commencing with Fiscal Year 2006.07, and for each subsequent fiscal Year, the Districr Administrator shall calculate the Special Tax Requirement based on the definitions in Section A and levy the Special Tax as follows until the amount of the Special Tax lcoicd equals the Special Tax, RcquiremenL. first, the Special Tax shall be levied each Fiscal Year on each Assessor's Parcel of Developed Properry Peoportionarcly between Developed Single-Family ResiderACe and Developed Multi-Family Residence up to 100% of the applicable Maximum Special Tax. Second, if the Special Tax Acquirement has nor been satisfied by the First step, then the Special Tax shall be levied each Fiscal Year on each Assessor's Parcel of Entitled Property- up to 100% of die applicable Maximum Special Tax for L'^nuded Property. Lastly, if the first me Steps have nor satisfied the Special Tax Requirement, rhen the Special Tax shall be levied each Fiscal Year on each Assessor's Parcel of Undeveloped Property up to 100% of die applicable Maximum Special Tax for Undeveloped Property. E. APPEALS Any taxpayer that believes that the amount of the Special Tax assigned to an Assessor's Parcel is in error may file a written notice with the District Administrator appealing the levy of the Special Tax. This nonce is required to be filed with the District Administrator during the Fiscal Year the error is believed to have occurred. The District Administrator or designee will then promptly review the appeal and, if necessary, Meer with the taxpayer. If to District Administrator verifies drat the tax should be changed the Special Tax levy shall be corrected and,if applicable in any case,a refund shall be granted. F. EXEMPTIONS 1. Residential Property Residential Properties which annually meet one or more of the following standards shall be exempt from payment of the Special Tax: A Residential Property consisting of one or two person(s) earning $15,300 or less gross income per year, upon complying with procedures to establish such exemption,or a. A Residential Property consisting of three persons earning 517,900 or less gross income per year,upon complying with procedures to establish such exemption,or b. A Residential Property which qualifies for either the Low Income Rare Assistance (LIRA) exemption for cicctrical or gas services or the Lifeline exemption for telephone scn-ices. The City is authorized and directed to promulgate adininis-trarive rules and procedures for verification of eligibility for the exemptions referred to in section F. G. MANNER DF COLY.ECTION Special Tax as levied pursuant to Section D above shall be collected in the same manner and at the same time as ordinary ad valorau property taxes; provided, however, Char the District Administrator may directly bill.the Special Tax,may collect Special Taxes at a different time or in a different manner if nccesmary to meet the financial obligations of the District or as otherwise determined appropriate by the District Administrator. H. TERM OF SPECIAL TAX Every five years after the establishment of the District, the City Council may reexamine, if deemed necessary by City Cotmcil, the necessity of the continuance of the Special Tax through i is preparation of a Fiscal Impact Analysis,otherwise the Special Tax shall be levied in perpetuity. 1 °1 r ; EXHIBIT C SAMPLE BALLOT MEASURE 1' i 4 SAMPLE BALLOT MEASURE PROPOSITION A: Shall special taxes be levied annually on taxable property Within Annexation No. 4 of the City of Palm Springs Community Facilities District 2005-1 (Public Safety Services), County of Riverside, Stain of California (the "District'; and to levy and collect such special rases so long as the special taxes are needed to pay for police services,fire protection and suppression services at the special tax rates and pursuant to the method of apportioning the special taxes set forth in Lxhilvt "B" to the Resolution of Formation (Resolution No.21428) adopted by the City Council of the City of Palm Springs on October 19,2005? PROPOSITION B: Shall an appropriations limit,as defined by subdivision (h) of Section $ of Article XIIIB of the California Constitution, be established for Annexation No. 4 of the City of Patin Springs Community Facilities District 2005-1 (Pubhe Safety Services), Comity of Riverside, State of California, in the amount of $115,500,000? O4 pAI.M S4 2 4 U N oT xn " CITY COUNCIL STAFF REPORT DATE: June 20, 2007 PUBLIC HEARING SUBJECT; Public Hearing to Annex Certain Territory (Annexation No. 4) into Community Facilities District No. 2005-1 (Public Safety Services) FROM: David H. Ready, City Manager BY: Assistant City Manager, Administrative Services SUMMARY On May 16, 2007, the City Council adopted resolutions declaring its intention and setting a public hearing to consider the annexation of certain territory into Community Facilities District No. 2005-1 (Public Safety Services) that was established in 2005 to fund public safety services. This action will add one (1) residential development into the existing community facilities district and authorize the levy of a special tax on all parcels within this development to fund public safety services. RECOMMENDATION: 1. Open the public hearing and receive public testimony and property owner protests for the proposed Annexation No. 4 to the Community Facilities District No. 2005-1 (Public Safety Services) and the authorization to levy a special tax within the territory proposed to be included in the District. 2. Adopt Resolution No. , "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 AND AUTHORIZING THE LEVY OF A SPECIAL TAX AND SUBMITTING THE LEVY OF TAX TO THE QUALIFIED ELECTORS." (EXHIBIT "A") 3. Adopt Resolution No. , 'RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CALLING A SPECIAL ELECTION AND SUBMITTING TO THE VOTERS OF ANNEXATION NO. 4 OF CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES) PROPOSITIONS REGARDING THE ANNUAL LEVY OF SPECIAL TAXES WITHIN ANNEXATION NO. 4 TO FINANCE PUBLIC SAFETY SERVICES, AND THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT." (EXHIBIT "B") 4. Direct the City Clerk to open and tabulate and canvass aid ballots re v:c{�.ti . by the City Clerk for the annexation of territory to Com t ,i s tri City Council Staff Report June 20, 2007 -- Page 2 Annexation of Territory to CFD 2005-1 2005-1 (Public Safety Services), Annexation No. 4 of the City of Palm Springs, and to announce the results and execute a Certificate of Election Returns. 5. Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, MAKING CERTAIN FINDINGS, CERTIFYING THE RESULTS OF AN ELECTION AND ADDING PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES), ANNEXATION NO. 4" (EXHIBIT "C") 6. Waive the reading of the Ordinance text in its entirety and introduce by title only Ordinance No. , "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES), ANNEXATION NO. 4." (EXHIBIT "D") STAFF ANALYSIS: In 1978 voters enacted Proposition 13, which limited the ability of local public agencies to increase property taxes based on a property's assessed value. In 1982, the Mello- Roos Community Facilities Act of 1982 (Government Code §53311-53368.3) was created to provide an alternate method of financing needed improvements and services. Specifically, the Act allows any county, city, special district, school district or joint powers of authority to establish a Community Facilities District (CFD), which allows for the financing of public services and facilities. Basically, the Act allows communities to raise funds for improvements to infrastructure (streets, sewers, storm drains) even though Proposition 13 limits their ability to tax property. It also allows raising funds for services, including public safety and maintenance of parks, streetlights, storm drains, and landscaping, only to the extent of new growth. In order to establish a CFD or annex territory to an existing CFD, it must be approved by a two-thirds margin of qualified voters in the district. If there are fewer than twelve registered voters within the district, the vote may be passed by the current property owners. At the close of the legal proceedings, an established CFD has all the legal privileges of a legally sanctioned government body. On May 16, 2007, the City Council adopted a resolution declaring its intention to annex territory to the existing CFD and authorizing the imposition of a special tax to finance police services, fire protection and suppression services, and life safety services. In addition, the City Council set June 20, 2007 as a public hearing to receive public testimony and protests over the annexation of territory to the existing CFD. The proposed tax to be assessed is based upon a Fiscal Impact Analysis that was prepared in 2005 by the City's consultant, MuniFinancial. This analysis indicates that the tax rate needed to support public safety services is: (1) $350 per unit for Developed Single-Family Residence; (2) $295 per unit for Developed Multi-Family Residence; (3) $250 per lot for Entitled Property; and (4) $100 per parcel for Undeveloped Property which is less than of an acre and $500 per acre for all other Undeveloped Property, �. V" ,. . ", City Council Staff Report June 20, 2007 -- Page 3 Annexation or Territory to CFD 2005-1 The actual tax rate, method of apportionment and manner of collection of the special tax is set forth in the attached Ordinance (Exhibit "D") authorizing the levy of the special tax. Since the formation of the initial CFD, a number of residential developments have been approved by the City and are currently under construction. The development in Annexation No. 4 includes: The Cottages at Smoketree (Tract 33878). This project constitutes a total of 49 proposed multi-family residential units. The City has received petitions from more than 10% of the property owners within this development requesting that the City Council begin the necessary proceedings to form Annexation No. 4. The City's consultant has determined that there are less than twelve registered voters residing in the development that comprises this proposed CFD annexation territory. As a result, an election by property owners is all that is necessary. Each of the property owners in this proposed CFD annexation has been mailed a "Wavier and Consent Shortening Time Periods and Waving Various Requirements for Conducting Mailed-Ballot Election and Waiving Notice and Hearing with Respect to Changes to the Special Tax" form which has allowed the City to waive all minimum time requirements relative to the formation of the CFD annexation and informed them of the maximum special tax rate. The property owners have also received a special election ballot for this CFD annexation, which allows them one vote per acre or portion thereof. These ballots will be tabulated by the City Clerk at the public hearing. Staff recommends that the City Council open the public hearing for the purpose of receiving public testimony and property owner protests regarding the formation CFD 2005-1 (Public Safety Services), Annexation No- 4. Once the public hearing has been closed, staff recommends that the City Council adopt three resolutions and introduce by title only an ordinance authorizing the levy of special taxes. FISCAL IMPACT: Based on the total number of residential units within the development identified above, it is estimated that upon build-out the City will receive approximately $17,150 a year in revenues for public safety services. r Butzla11 istant City Manager David H. Ready, City IGan hments: 1. EXHIBIT"A" Resolution Authorizing the Annexation of Territory to the CFD 2. EXHIBIT"B" Resolution Calling a Special Election 3. EXHIBIT"C" Resolution Declaring the Election Results 4. EXHIBIT"D" Ordinance Levying the Special Tax ._ CCr�,3 EXHIBIT "A" r �r RESOLUTION NO. RESOLUTION OF THE CITY COiJNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 AND AUTHORIZING THE LEVY OF A SPECIAL TAX AND SUBMITTING THE LEVY OF TAX TO THE QUALIFIED ELECTORS WHEREAS, this Council, on May 16, 2007, adopted Resolution No. 21898 (hereafter referred to as the "Resolution o P Intention") stating its intention to annex territory to City of Palm Springs Community Facilities District No. 2005-1 (Public Safety Services) (hereafter referred to as "CFD No. 2005-1"), pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (hereafter referred to as the"Act"); WHEREAS, a copy of the Resolution of Intention, which states the authorized services to be provided and financed by CFD No. 2005-1, and a description and map of the proposed boundaries of the territory to be annexed to CFD No. 2005-1 ("Annexation No. 4"), is on file with the City Clerk and the provisions thereof are fully incorporated herein by this reference as if fully set forth herein; WHEREAS, on the 20th of June, 2007, this Council held a noticed public hearing as required by the Act and the Resolution of Intention relative to the proposed annexation of territory to CFD No. 2005-1; WHEREAS, at said hearing all interested persons desiring to be heard on all matters pertaining to the annexation of territory to CFD No. 2005-1 and the levy of said special taxes within the area proposed to be annexed were heard and a full and fair hearing was held; WHEREAS, prior to the time fixed for said hearing, written protests had not been Oiled against the proposed annexation of territory to CFD No. 2005-1 by (i) 50% or more of the registered voters, or six registered voters, whichever is more, residing in CFD No. 2005-1, or (ii) 50% or more of the registered voters, or six registered, whichever is more, residing in the territory proposed to be annexed to CFD No. 2005-1, or (iii) owners of one-half or more of the area of land in the territory proposed to be annexed to CFD No. 2005-1; and WHEREAS, a boundary map for Annexation No. 4 to CFD No. 2005-1 has been filed with the County Recorder of the County of Riverside, which map shows the territory to be annexed in these proceedings, and a copy thereof is on file with the City Clerk. NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council for the City of Palm Springs as follows: SECTION 1 Recitals. The above recitals are all true and correct. S - lu�'f'1,RTr SECTION 2 Authorization. All prior proceedings taken by this Council with respect to CFD No. 2005-1 and the proposed annexation of territory thereto have been duly considered and are hereby determined to be valid and in confonnity with the Act. SECTION 3 Boundaries. The description and map of the boundaries of the territory to be annexed to CFD No. 2005-1, on Me with the City Clerk are hereby finally approved, are incorporated herein by reference, and shall be included within the boundaries of CFD No. 2005-1, and said territory is hereby annexed to CFD No. 2005-1, subject to voter approval of the levy of the special taxes therein as hereinafter provided. SECTION 4 Services. The services which CFD No. 2005-1 is authorized to finance are in addition to those provided in or required for the territory within CFD No. 2005-1 and the territory to be annexed to CFD No. 2005-1 and will not be replacing services already available. A general description of the services to be financed is as follows: PUBLIC SAFETY SERVICES Police services, fire protection and suppression services, and life safety services (the "Services") of the City of Palm Springs required to sustain the service delivery capability for emergency and non-emergency services to new growth areas of the City of Palm Springs, including but not limited to, equipment, vehicles, ambulances and paramedics, lire apparatus, services, supplies and personnel; provided, however, that any increases in special taxes for costs related to employee wages and benefits shall be limited as provided in the hate and Method of Apportionment of the Special Taxes to fund such Services. SECTION S Special Taxes. It is the intention of this legislative body that, except where funds are otherwise available, a special tax sufficient to pay for said services to be provided in CFD No. 2005-1 and the territory proposed to be annexed as part of Annexation No. 4, secured by recordation of a continuing lien against all non-exempt real property in Annexation No. 4, will be levied annually within the boundaries of Annexation No. 4 from and after the annexation of such property to CFD No. 2005-1. The special taxes shall be those as originally authorized through the formation of CFD No. 2005-1 and adopted by Ordinance of this legislative body, and no changes or modifications are proposed in the special taxes fronn those as originally set forth and made applicable to CFD No. 2005-1. For particulars as to the rate and method of apportionment of the proposed special tax (the "AMA"), reference is made to the attached and incorporated Exhibit A, which sets forth in sufficient detail the method of apportionment to allow each landowner or resident within the Annexation No. 4 to clearly estimate the maximum annual amount that said person will have to pay on said special tax. SECTION b Election. The provisions of the Resolution of Intention of the City each as heretofore adopted by this Council are by this reference incorporated herein, as if fully set forth herein. (a) Pursuant to the provisions of the Act, the proposition of the levy of the special tax within Annexation No. 4 shall be submitted to the voters within Annexation No. 4 at an election called therefore as hereinafter provided. This Council hereby finds that fewer than 12 persons have been registered to vote within Annexation No. 4 for each of the 90 days preceding the close of the hearing heretofore conducted and concluded by this Council for the purposes of these annexation proceedings. Accordingly, and pursuant to Section 53326 of the Act, this Council finds that for purposes of these proceedings the qualified electors are the landowners within Annexation No. 4 and that the vote shall be by said landowners, each having one vote For each acre or each acre or portion thereof such landowner owns in Anmexation No. 4. (b) Pursuant to Section 53326 of the Act, the election shall be conducted by mail ballot under section 1340 of the California Elections Code. The Council called a special election to consider the measures described and incorporated as Exhibit B, which election was held on June 20, 2007 (hereafter referred to as "Election Day'). The City Clerk was the election official to conduct the election and provided each landowner in the territory to be annexed to CPD No. 2005-1, a ballot in the form of Exhibit B, which form is hereby approved. The City Clerk has accepted the ballots of lbe qualified electors received prior to 6:00 o'clock p.m. on Election Day, whether received by mail or by personal delivery- (c) This Council hereby further finds that the provision of Section 53326 of the Act requiring a minimum of 90 days to elapse before said election is for the protection of voters, that the voters have waived such requirement and the date for the election hereinabove specified is established accordingly. The foregoing Resolution No. was passed and adopted by the City Council of the City of Palm Springs on the 20th day of June, 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor, Ronald Oden City of Palm Springs Attest: City Clerk, Jarnes Thompson City of Palm Springs EXHIBIT A RATE AND METHOD OF APPORTIONMENT P' \ EXHIBIT A CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES) RATE AND METHOD OF APPORTIONMENT A Special Tax of Community Facilities District No. 2005-1 (Public Safety Services) of the City of Palm Springs (the "District") shall be levied on all Assessor's Parcels in the District and collected each Fiscal Year commencing in Fiscal Year 2006-07 in an amount determined by the City through the application of the rate and method of apportionment of the Special Tax set forth below. All of the real property in the District, turless exempted by law or by the provisions hereof, shall be taxed for the purposes,to the extent and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meanings: "Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Nlap, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final subdivision map, other final map, other parcel map, other condominium plan, or functionally equivalent map or instrument recorded in the Office of The County Recorder. The square footage of an Assessor's Parcel is equal to the Acreage multiplied by 43,560. "Act" means the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2 of Title 5 of the Government Code of the State of California, as amended, which authorizes the establishment of the District to finance: a) police protection services, and b) fire protection and suppression services, and life safety services including but not limited to ambulance and paramedic services. "Administrative Expenses" means the actual or estimated costs incurred by the City as administrator of the District to determine, levy and collect the Special Taxes, including dne proportionate amount of the salaries and benefits of City employees whose duties are directly related to administration of the District and the fees of consultants, legal counsel, the costs of collecting installments of the Special Taxes upon the general tax rolls, preparation of required reports; and any other costs required to administer the District as determined by the City. "Annual Escalation Factor" means the greater of the increase in the annual percentage change of the All Urban Consumers Consumer Price Index (CPI) or the percent increase of salaries and benefits for public safety employees as stated in the Memorandum of Understanding for the fiscal year of the Special Tax. The annual CPI used shall be for the area of Los Angeles-Riverside-Orange County, CA as reflected in the then-current April update. The annual CPI used shall be as determined by the United States Department of Labor, Bureau of Labor Statistics, and may be obtained through the California Division of Labor Statistics and Research (wvww.dirca.gov/dlsr)_ If the foregoing index is not available, the CFD Administrator shall select a reasonably comparable index. "Assessors Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned assessor's parcel number. i'�1�^ "Assessor's Parcel Map" means an official neap of the Assessor of the County designating parcels by assessor's parcel number. "Base Year" means Fiscal Year ending June 30, 2007. "City" oceans the City of Palm Springs. "Council" means the City Council of the City of Palm Springs, acting as the legislative body of the District. "County" means the County of Riverside, California. "Developed Multi-Fainily Residence" means all Assessor's Parcels of Developed Properly for which a building permit has been issued for purposes of constructing a residential structure consisting of two or more residential units that share cornrnon walls, including, but not limited to, duplexes, triplexes, town homes, condominiums, and apartment units. "Developed Property" means all Taxable Property, exclusive of Property Owner Association Property, Non-Residential Property, or Public Properly, for which a building permit was issued after January 1, 2006 and prior to May 1st preceding the Fiscal Year in which the Special Tax is being levied. "Developed Single-Family Residence" means all Assessors' Parcels of Developed Properly for which a building permit(s) has been issued for purposes of constructing one single-family residential dwelling Lunt. "District Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes. "District" means Community Facilities District No. 2005-1 (Public SafetyServices) of the City of Palm Springs. "Entitled Property" means an Assessor's Parcel and/or Lot in the District, which has a Final Map recorded prior to January 1st preceding the Fiscal Year in which the Special Tax is being levied, but for which no building permit has been issued prior to the May 1"preceding the Fiscal Year in which the Special Tax is being levied. The term "Entitled Property" shall apply only to Assessors' Parcels and/or Lots, which have been subdivided for the purpose of residential development, excluding any Assessor's Parcel that is designated as a remainder parcel determined by final documents and/or maps available to the District Administrator. "Final Map" means an Assessor's Parcel Map, a final subdivision map, other parcel reap, other final map, other condominium plan, or functionally equivalent map that has been recorded in the Office of the County Recorder. "Fiscal Year" means the period staring July 1 and ending on the following June 30. "Land Use Class" means any of the classes listed in Table 1. "Lot" means properly within a recorded Final Map identified by a lot number for which a building pemnit has been issued or maybe issued. "Maximum Special Tax" means the maximum Special Tax, determined in accordance with Section C below that can be levied in the District in any Fiscal Year on any Assessor's Parcel. "Non-Residential Property" means all Assessors' Parcels for which a building permit(s) has been issued for a non-residential use and does not contain any residential uutits as defined under Developed Single Family Residence or Developed Multi-Family Residence. "Property Owner Association Property" means anypropertywithin the botuidaries of the District that is owned by, or irrevocably dedicated as indicated in an instrument recorded with the County Recorder to a property owner association, including any master or sub- association_ ".Proportionately" means in a manner such that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal far all Assessor's Parcels within each Land Use Class. "Public Property" means any property within the boundaries of the District that is, at the time of the District formation or at the time of an annexation, expected to be used for rights-of-way, parks, schools or any other public purpose and is owned by or irrevocably offered for dedication to the federal government,the State,the County, the City or any other public agency. "Public Safety Service Costs" means the estimated and reasonable costs of providing police services and fire protection and suppression services and life safety services, including but not limited to @ the costs of contracting services, (ii) equipment, vehicles, ambulances and paramedics, fire apparatus, supplies, (in) the salaries and benefits of City staff that directly provide police services and fire protection and suppression services and life safety services, respectively, and (iv) City overhead costs associated with providing such services within the District. On each July 1 following the Base Year the increases attributed to salaries and benefits shall be calculated and limited to the increase based on the Annual Escalation Factor. The Special Tax provides only partial funding for police, fire and life safety-services. "Special Tax' means the Special Tax to be levied in each Fiscal Year on each Assessor's Parcel of Taxable Property to fund the Special Tax Requirement, and shall include Special Taxes levied or to be levied raider Sections C and D, below. "Special Tax Requirement" means that amount required in any Fiscal Year for the District to: (1) pay for Public Safety Service Costs; (h) pay reasonable Administrative Expenses; (iii) pay any amounts required to establish or replenish any reserve funds; and (iv) pay for reasonably anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes levied in the previous Fiscal Year; less any surplus of funds available from the previous Fiscal Year's Special Tax levy. "State" means the State of California. "Taxable Property" means all of theAssessor's Parcels within the boundaries of the District and any future annexation to the District that are not exempt from the Special Tax pursuant to law or as defined herein. "Tax-Exempt Property" means an Assessor's Parcel not subject to the Special Tax. Tax- Exempt Property includes: (r) Public Property, (ir) Property Owner Association Property, (iir) Non-Residential Property, and (iv) property designated by the City or District Administrator as Tax-Exempt Property. "Undeveloped Property" means, for each Fiscal Year, all Assessor's Parcels of Taxable Property not classified as Developed Property or Entitled Property, including an Assessor's Parcel that is designated as a remainder parcel and is not identified as potential Public Property by any final documents and/or maps available to the District Administrator. _ r. Unit" means any sepainte residential dwelling unit in which a person or persons may live, which comprises an independent facility capable of conveyance sepal-ate from adjacent residential dwelling units and is not considered to be for commercial or industrial use. B. ASSI TES Each Fiscal Year using the definitions above, all Taxable Propertywithin the District shall be classified as Developed Property, Entitled Property, or Undeveloped Properly. Developed Properly shall be fturther classified as Developed Single-Family Residence or Developed Multi-Family Residence. Commencing with the Base Year and for each subsequent Fiscal Year, all Taxable Property shall be subject to Special Taxes pursuant to Sections C and D below. C. MAXIMUM SPECIAL TAX RATE 1. Developed Property TABLE 1 Maxirnurn Special Tax for Developed Property Con-ununity Facilities District No. 2005-1 (Public Safety Services) Maxiuru n Land Use Descxi tion Special Tax Class P Per Unit 1 Developed Single-Family $350 perUnt Residence 2 Developed Multi-Fanuly $295 per Unit Residence On each July 1 following the Base Year (i.e.,July 1,2007), the Maximwn Special Tax Rates in Table I shall be increased in accordance with the Annual Escalation Factor. Once the Maxirnurn Special Tax Per Unit is equal to $500 per Unit, no further Annual. Escalation Factor shall be applied and the Maxnnum Special Tax Per Unit shall not exceed$500. 2. Entitled Property TABLE 2 Maximum Special Tax for Entitled Property Community Facilities District No. 2005-1 (Public Safety Services) Maximum Land Use Description Special Tax Class Per Lot 3 Entitled Property $100 per Lot No Annual Escalation Factor shall be applied to the Maximum Special Tax Per Lot for Entitled Property. 3. Undeveloped Property Undeveloped Propeny will be assigned a Nlaximum Special Tax ILate of $300 per acre or portion thereof, with a minimum rate of $100 for Undeveloped Property less Than or equal to one-forth (1/4) of an Acre as described in Table 3. TABLE 3 Maximum Special Tax for Undeveloped Property Community Facilities District No. 2005-1 (Public Safety Services) Maximum Land Use Description Special Tax Class Per Parcel/.Acre 4 Undeveloped Property 5100 per !W4 Acre Assessors parcel 5 Undeveloped Property $500 per Acre 71/4 Acre No Annual Escalation Factor shall be applied to the Maximum Special Tax Per ParceVAcre for Undeveloped Propeny. 4. Tax-Exempt Property No Special Tax shall be levied on Tax ExemptProperty. 5, Multiple Land Use Classes In some instances an Assessor's Parcel may contain more than one Land Use Class. The Maximum Special Tax levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax levies that can be imposed on all Land Use Classes located on that Assessor's Parcel. D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX Commencing with Fiscal Year 2006-07, and for each subsequent Fiscal Year, the District Administrator shall calculate the Special Tax Requirement based on the definitions in Section A and levy the Special Tax as follows until the amount of the Special Tax levied equals the Special Tax Requirement.First,the Special Tax shaIl be levied each Fiscal Year on each Assessor's Parcel of Developed Property Proportionately between Developed Single- Family Residence and Developed Multi-Family Residence up to 100% of the applicable Maximum Special Tax. Second, if the Special Tax Requirement has not been satisfied bythe first step, then the Special Tax shall be levied each Fiscal Year on each Assessor's Parcel of Entitled Property up to 100% of the applicable Maximum Special Tax for Entitled Property. Lastly, if the first two steps have not satisfied the Special Tax Requirement, then the Special Tax shall be levied each Fiscal Year on each Assessor's Parcel of Undeveloped Property up to 100% of the applicable Maximum Special Tax for Undeveloped Property. E. APPEALS Any taxpayer that believes that the amotnt of the Special Tax assigned to an Assessor's Parcel is in error may file a written notice with the District Administrator appealing the levy of the Special Tax_ Ibis notice is required to be filed with the District Administrator during the Fiscal Year the error is believed to have occurred. The District Administrator or designee will then promptly review the appeal and, if necessary, meet with the taxpayer. If the ]district Administrator verifies that the tax should be changed the Special Tax levy shall be corrected and, if applicable in any case, a refund shall be granted. F. EXEMPTiQN I. Residential Property Residential Properties which annually meet one or more of the following standards shall be exempt from payment of the Special Tax: a. A Residential Property consisting of one or two person(s) earning $15,300 or less gross income per year, upon complying with procedures to establish such exemption, or b. A Residential Property consisting of three persons earning $17,900 or less gross income per year, upon complying wid-i procedures to establish such exemption, or c. A Residential Property which qualifies for either the Low Income Rate Assistance (LIRA) exemption for electrical or gas services or the Lifeline exemption for telephone services. The City is authorized and directed to promulgate administrative rules and procedures for verification of eligibility for the exemptions referred to in section F. G. MANNER OF COLLECTION Special Tax as levied pursuant to Section D above shall be collected in the same manner and at the same tune as ordinary ad zulorcm property taxes; provided, however, that the District Administrator may directly bill the Special Tax, may collect Special.Taxes at a different time or in a different manner if necessary to meet the financial obligations of the District or as otherwise detemvned appropriate by the District Administrator, H. TERM OF SPECIAL TX, Every five years after the establishment of the District, the City Council may reexamine, if deemed necessary by City Council, the necessity of the continuance of the Special Tax through the preparation of a Fiscal Impact Analysis, otherwise the Special Tax shall be levied in perpetuity. EM-IIB1T B OFFICIAL BALLOT r \ f � PJ l F \ A� ,rr .f O4 pRLM SAS+ V � resin Ip °Qt,coxN'¢ OFFICIAL BALLOT SPECIAL ELECTION City of Palm Springs Community Facilities District No. 2005-1 (Public Safety Services) Annexation No. 4 This ballot is for a special landowner election. You must return This ballot in the enclosed postage paid envelope to the office of the City Clerk of the City of Palm Springs no later than 6:00 p.m. on June 20, 2007, either by mail or in person. The City Clerk's office is located at 3200 East Tahgtutl Canyon Way,Pahn Springs, California, 92262. To vote, marl-a cross (X) in the voting square after [he word "YES" or after the word "NO"_ All distinguishing marks otherwise made are forbidden and make The ballot void_ If you wrongly mark, tear, or deface this ballot, ream it to the City Clerk of The City of Palm Springs and obtain another. PROPOSITION A: Shall special taxes be levied annually on taxable property within Annexation No. 4 of the City of Palm Springs Community Facilities District ❑ Yes 2005-1 (Public Safety Services), County of Riverside, State of California (the "DistncL-); and to levy and collect such special taxes so long as the special taxes are needed To pay for police services, fire protection and suppression services at the No special tax rates and pLusuant to the method of apportioning the special taxes set forth in Exhibit B to The Resolution of Formation (Resolution No. 21428) adopted by the City Council of the City of Palm Springs on October 19, 2005? PROPOSITION B: Shall an appropriations limit, as defined by subdivision (h) of ❑ Yes Section 8 of Article XIIM of the California Constitution, be established for Annexation No. 4 of the City of Pahn Springs Community Facilities District 2005-1 (Public Safety Services), County of Riverside, State of Califomia, in the amount of No $115,500,000? Number of votes: Tract: Project Name: Property Owner. By. EXHIBIT "B" RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CALLING A SPECIAL ELECTION AND SUBMITTING TO THE VOTERS OF ANNEXATION NO. 4 OF CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES) PROPOSITIONS REGARDING THE ANNUAL LEVY OF SPECIAL TAXES WITHIN ANNEXATION NO. 4 TO FINANCE PUBLIC SAFETY SERVICES, AND THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT WHEREAS, pursuant to Section 53325.1 of the California Government Code the City Council (the "City Council") of the City of Palnn Springs (hereafter referred to as the "City") has adopted the resolution authorizing the annexation of territory to City of Palm Springs Community Facilities District No. 2005-1 (Public Safely Services), County of Riverside, State of California (hereafter referred to as "CFD No. 2005-1"); and WHEREAS, by that resolution, the City Council called special elections on the propositions to be submitted to the voters of the territory proposed to be annexed to CFD No. 2005-1 (hereafter referred to as `'Annexation No. 4") with respect to the levy of special taxes therein for the financing of public safety services within CFD No. 2005-1; and WHEREAS, pursuant to Section 53326 of the California Government Code, it is necessary that the City Council submit to the voters of Annexation No. 4 the annual levy of special taxes on taxable property within Amlexation No_ 4; and WHEREAS, pursuant to Section 53325.7 of the California Government Code and the provisions of the Code, the City Council may also subunit to the voters of Annexation No. 4 a proposition for the establishment of an appropriations limit for Annexation No. 4; and WHEREAS, the City Cleric has advised the City Cormcil that she has received a statement fiom the Registrar of Voters of the County of Riverside that there are less than 12 persons registered to vote within Annexation No. 4; NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council for the City of Palm Springs Community Facilities District No. 2005-1, Annexation No. 4 as follows: SECTION 1 Findings. The City Council finds that: (i) the foregoing recitals are true and correct; (ii) 12 persons have not been registered to vote within the territory to be annexed to CFD No. 2005-1 for each of the 90 days preceding the close of the public hearing on June 20, 2007; (iii) pursuant to Section 53326 of the California Government Code, as a result of the findings set forth in clause (ii) above, the vote in the special election called by this resolution shall be by the landowners of the territory to be annexed to CFD No. 2005-1, whose property would be subject to the special taxes if they were levied at the time of the election, and each landowner shall have one vote for each acre, or portion thereof, which he or she owns within Annexation No. 4 which would be subject to the proposed special taxes if they were levied at the time of the election; (iv) the owners of all oP the land in Annexation No. 4 by written consent (a) waived the time limits set forth in Section 53326 of the California Government Code for holding the election called by this resolution and the election on the propositions (b) consented to the holding of the election on June 20, 2007, (c) waived notice and mailed notice of the tithe and date of the election, (d) waived an impartial analysis by the City Attorney of the ballot propositions pursuant to Section 9280 of the California Elections Code and arguments and rebuttals pursuant to Sections 9281 to 9287, inclusive, and 9295 of that Code, and mailing of a statement pursuant to Section 9401 of that Code, and (e) waived a synopsis of the measures to be included in the official ballot for said elections pursuant to Section 12111 of that Code; and (v) the City Clerk (hereafter referred to as the "City Clerk") has consented to the holding of the election on June 20, 2007, SECTION 2 Call of Election. The City Council hereby calls and schedules a election for June 20, 2007, on the proposition of the annual levy of special taxes on taxable property within Annexation No. 4 to CFD No. 2005-1 to finance public safety services within the CFD No. 2005-1, and on the proposition of the establishment of an appropriations limit for Annexation No. 4 to CFD No. 2005-1. SECTION 3 Propositions. The propositions to be submitted to the voters of Annexation No. 4 at such special election shall be as follows: Proposition A: Shall special taxes be levied annually on taxable property within Annexation No. 4 of the City of Palm Springs Community Facilities District 2005-1 (Public Safety Services), County of Riverside, State of California (the "District"); and to levy and collect such special taxes so long as the special taxes are needed to pay for police services, fire protection and suppression services at the special tax rates and pursuant to the method of apportioning the special taxes set forth in Exhibit B to the Resolution of Formation (Resolution No. 21428) adopted by the City Council of the City of Palm Springs on October 19, 2005? Proposition B: Shall an appropriations limit, as defined by subdivision (h) of Section 3 of Article X11113 of the California Constitution, be established for Annexation No. 4 of the City of Palm Springs Community Facilities District No. 2005-1 (Public Safety Services), County of Riverside, State of California, in the ainormt of$115,500,000? SECTION 4 Conduct of Election. Except as otherwise provided in Section 6 hereof, the consolidated special elections shall be conducted by the City Clerk in accordance with the provisions of the California Elections Code governing snail ballot elections of cities, and in particular the provisions of Division 4 (commencing with Section 4000), of that Code, insofar as they may be applicable. SECTION 5 Election Procedures. The procedures to be followed in conducting the consolidated special elections on (i) the proposition with respect to the levy of special taxes on taxable property within Annexation No. 4 to CFD No. 2005-1 to pay for public safety services, and (ii) the proposition with respect to the establishment of an appropriations limit for Annexation No. 4 to CFD No. 2005-1 in the amount of $115,500,000 shall be as follows: (a) Pursuant to Section 53326 of the California Government Code, ballots for the Special Elections shall be distributed to the qualified electors by the City Clerk by mail or by personal service. (b) Pursuant to applicable sections of the California Elections Code governing the conduct of mail ballot elections of cities, and in particular Division 4 (commencing with Section 4000) of that Code with respect to election conducted by snail, the City Clerk, or designated official shall mail or deliver to each qualified elector an official ballot in the appropriate form attached hereto as Exhibit A, and shall also mail or deliver to all such qualified electors a ballot pamphlet and instructions to voter, a return identification envelope addressed to the City Clerk for the return of voted official ballots. (c) The official ballot to be mailed or delivered by the City Clerk to each landowncr-voter shall have printed or typed thereon the name of the landowner-voter and the number of votes to be voted by the landowner- voter and shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person siding the certification is the person who voted the official ballot, and if the landowner-voter is other than a natural person., that he or she is an officer Of or other person affiliated with the landowner-voter entitled to vote such official ballot, that lie or she has been authorized to vote such official ballot on behalf of the landowner-voter, that in voting such official ballot it was his or her intent, as well as the intent of the landowner-voter, to vote all votes to which the landowner-voter is entitled based on its land ownership on the propositions set forth in the official ballot as marked thereon in the voting square opposite each such proposition, and further certifying as to the acreage of the landowner-voter's land ownership within Annexation No. 4 to CFD No. 2005-1. (d) The return identification envelope mailed or delivered by the City Clerk to each landowncr-voter shall have printed or typed thereon the following: (i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of perjury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the person whose Dame appears on the identification envelope, (iv) the printed name and signature of the voter, (v) the address of the voter, (vi) the date of signing and place of execution of the declaration, and (vii) a notice that the envelope contains an official ballot and is to be opened only by the City Clerk. (e) The information to voter lorm to be delivered by the City Clerk to the landowner-voters shall inform them that the official ballots shall be returned to the City Clerk properly voted as provided thereon and with the certification appended thereto properly completed and signed in the sealed return identification envelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted by 6:00 p.m. on the 20th day of June 2007; provided that if all qualified electors have voted, the elections shall be closed with the concurrence of the City Clerk. (f) Upon receipt of the return identification envelopes, which are returned prior to the voting deadline on the date of the elections, the City Clerk shall canvass the votes cast in the election, and shall file a statement with the City Council as to the results of such canvass and the election on each proposition set forth in the official ballot. The foregoing Resolution No. was passed and adopted by the City Council of the City of Palm Springs on the loth day of June, 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor, Ronald Oden City of Palm Springs Attest: City Cleric, James Thompson City of Palm Springs EXHIBIT A OFFICIAL BAI.L.OT C E1F1� yR4M g i u � hk N OFFICIAL BALLOT SPECIAL ELECTION City of Palm Springs Community Facilities District No. 2005-1 (Public Safety Services) Annexation No. 4 This ballot is for a special landowner election. You must return this ballot in the enclosed postage paid envelope to the office of the City Clerk of the City of Palm Springs no later than 6:00 p.m. on June 20, 2007, either by mail or in person- The City Clerks office is located at 3200 East Tahquitz Canyon Way,Palm Springs, California, 92262. To vote, mark a cross N in the voting square after the word "YES" or after the word "NO". All distinguishing marks otherwise made are forbidden and make the ballot void. If you wrongly A-nark, tear,or deface this ballot, return it to the City Clerk of the City of Palm Springs and obtain another. PROPOSITION A: Shall special taxes be levied annually on taxable property within Annexation No. 4 of the City of Palm Springs Community Facilities District Yes 2005-1 (Public Safety Services), County of Riverside, State of California (the "District"); and to levy and collect such special taxes so long as the special taxes are needed to pay for police services, fire protection and suppression services at the No special tax rates and pursuant to the method of apportioning the special taxes set fork in Exhibit B to the Resolution of Formation (Resolution No. 21428) adopted bythe City Council of the City of Palm Springs on October 19, 2005? PROPOSITION B: Shall an appropriations limit, as defined by subdivision (h) of Section 8 of Article )MIB of the California Constitution, be established for Yes Annexation No. 4 of the City of Palm Springs Community Facilities District 2005-1 ❑ (Public Safety Services), County of Riverside, State of California, in the amount of $115,500,000? No Number of votes: Tract: Project Name: Properly Owner- By. EXHIBIT "Cl ,y \ i RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, MAKING CERTAIN FINDINGS, CERTIFYING THE RESULTS OF AN ELECTION AND ADDING PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 2005- I (PUBLIC SAFETY SERVICES), ANNEXATION NO. 4 WHEREAS, the City Council of the City of Palm Springs (the "City Council"), has previously fonned a Community Facilities District pursuant to the provisions of the"Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Govcnunent Code of the State of Califoniia, said Article 3.5 thereof The existing Community Facilities District being designated as Community Facilities District No. 2005-1 (Public Safety Services) (hereafter referred to as CFD No. 2005-1); and, WHEREAS, the City Council initiated proceedings to annex certain territory to Community Facilities District No. 2005-1 (Public Safety Services), Annexation No. 4 (hereafter rel'ened to as "Annexation No. 4"); and WHEREAS, at this time the unanimous consent to the annexation of Annexation No. 4 has been received from the property owner or owners of such territory; and WHEREAS, less than twelve (12) registered voters have resided within the territory of Annexed Area for each of the ninety (90) days preceding June 20, 2007, therefore, pursuant to the Act the qualified electors of Annexation No. 4 shall be the "landowners" of Annexation No- 4 as such term is defined in Government Code Section 53317(o and each such landowner who is the owner of record, or the authorized representative thereof, shall have one vote for each acre or portion of an acre of lend that she or he owns within Annexation No. 4; and WHEREAS, the time limit specified by the Act for conducting an election to submit the levy of the special taxes on the property within Annexation No. 4 to the qualified electors of Annexation No. 4 and the requirements for impartial analysis and ballot arguments have been waived with the unanimous consent of the quali I•ied electors of Annexation No. 4; and WHEREAS, the City Clerk of the City of Palm Springs has caused ballots to be distributed to the qualified electors of Annexation No. 4, has received and canvassed such ballots and made a report to the City Council regarding the results of such canvas, a copy of which is attached as Exhibit A hereto and incorporated herein by this reference; and WHEREAS, at this time the measure voted upon and such measure did receive the favorable 213's vote of the qualified electors, and the City Council desires to declare the results of the election; and WHEREAS, a map showing the territory to be annexed and designated as Annexation No. 4 (hereafter referred to as the "Annexation Map"), a copy of which is attached as Exhibit B hereto and incorporated herein by this reference, and a list of Assessor Parcel Numbers and landowners, a copy of which is attached as Exhibit C hereto and incorporated herein by this reference, has been submitted to the City Council- NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council for the City of Palm Springs Comn-nu1ity Facilities District No. 2005-1, Annexation No. 4 as follows: Section 1 Recitals. The above recitals are all true and correct. Section 2 Findings. This City Council does hereby determine as follows: (a) The unanimous consent to the anmexation of Amiexation No. 4 to CFD No. 2005-1 has been given by all of the owners within Annexation No. 4 and such consent shall be kept on file in the Office of the City Clerk. (b) Less than twelve (12) registered voters have resided within the territory of Annexation No. 4 for each of the ninety (90) days preceding June 20, 2007, therefore, pursuant to the Act the qualified electors of Amlexation No. 4 shall be the "landowners' of such Annexation No. 4 as such term is defined in Government Code Section 53317(0. (c) The qualified electors of Annexation No. 4 have unanimously voted in favor of the levy of special taxes within Annexation No. 4 upon its annexation to CFD No. 2005-1. Section 3 Aruiexed Area. The boundaries and parcels of territory within Annexation No- 4 and on which special taxes will he levied in order to pay for the costs and expenses of authorized Public Safety Services are shown on the Annexation Map as submitted to and hereby approved by this City Council. Section 4 Declaration of Annexation. The City Council does hereby determine and declare that Amiexation No. 4 is now added to and becomes a part of CFD No. 2005-1. The City Council, acting as the legislative body of CFD No. 2005-1, is hereby empowered to levy the authorized special Lax within Annexation No. 4. Section 5 Notice. irxunediately upon adoption of this Resolution, notice shall be given as follows: An Amendment to the Notice of Special Tax Lien (Notice of Annexation) shall be recorded in the Office of the County Recorder no later than fifteen (15) days after the date of adoption of this Resolution. The foregoing Resolution No. was passed aid adopted by the City Council of the City of Pahn Springs on the 20th day of June, 2007, by the R llowing vote: AYES: NOES: ABSENT: ABSTAIN: Mayor, Ronald Oden City of Palm Springs Attest: City Clerk, James Thompson City of Palm Springs EXHIBIT A CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST `\ J r lJ \\ Y t CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE CITY OF PALM SPRINGS ) The undersigied, ELECTION OFFICIAL OF THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DOES IIEREBY CERTIFY that pursuant to the provisions of Section 53326 of the Government Code and Division. 12, commencing with Section 17000 of the Elections Code of the State of California, I did canvass the returns oFthe votes cast at the CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES) ANNEXATION NO. 4 SPECIAL ELECTION in the City, held on June 20, 2007. 1 FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in the area proposed to be annexed, Annexation No. 4 to Community Facilities District No. 2005-1 (Public Safety Services) of the City of Palm Springs for or against the Measure are full, true and correct. VOTES CAST ON PROPOSITION l: YES NO VOTES CAST ON PROPOSITION 2: YES NO WITNESS my hand this 20th day of June, 2007 City Clerk, Jaynes Thompson City of Palm Springs EXHIBIT B BOUNDARY MAP i' • MAP OF PROPOSED BOUNDARIES OF S UICF u COMMUNI[Y FACILITIES DISTRICT NO.2005.1 (PUBLIC SAFETY SERVICES) ANNEXATION NO.4 GTY pF P�Wffl S 4UIYIT0.AfeIIv4]E s m[+_aim S=aiu 9IAR�FfALI]i415 we T"N/cb�-ory occi931a :Tw rn/G_7`� F i LEAEAL AwxieH sxwxnr 11 M;niFenancial OO rlYS9EYFNtF_5 EXHIBIT C LIST OF PROPERTIES TO BE ANNEXED r r' d LIST OF PROPERTIES TO BE ANNEXED PROPERTY DESCRIPTION PROPERTY OWNER 510-020-023 Smokc"Free, Inc Lot 1 within Tract 33878-1,which Trucl Map was recorded with the RPE Investments, LTD County Recorder on February 8, 2007 in Book 416 at Pages 1-5 Lot 2 within"Tract 33878-1,which Tract Map was recorded with the Ma. (?race.cones Ross, Trustee Riverside County Recorder on February 8,2007 in Book 416 ai Pages 1-5 Lola within Tract 33878-1, which Tract Map was recorded with the Edward T.Wheeler do Katrina Wheeler Riverside County Recorder on February 8, 2007 in Book 416 at Pages 1-5 Lot 4 within Tract 33878-1,which Tract Map was recorded with the L'Apache, LLC Riverside County Recorder on F ebruary 8,2007 in Book 416 at Pages 1-5 Lot 5 with n Tract 33878-1,which Tract Map was recorded with the Howard W. Harris ?c Mabel M. Harris Riverside County Recorder on February 8,2007 in Book 416 at Pages 1-5 Lot 6 within Tract 33878-1,which Tract Map was recorded with the Peter M. Scare Riverside County Recorder on February 8,2007 in Book 416 at Pages 1-5 Lot 7 within Tract 33878-1, which Tract Map was recorded with the Ralph E. Erickson d Janet C. Er ckson,Trustee Riverside County Recorder on February 8, 2007 in Book 416 at Pages 1-5 All land on APNs 510-090-001 and 510-020-032, excluding Lots 1-7 on Traci 33878-1,which Tract Map was recorded with the Riverside County Smoke Tree,Inc Recorder on February 8, 2007 in Book 416 at Pages 1-5 EXHIBIT "D" A ORDINANCE NO. ORDINANCE OF THE CiTY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES), ANNEXATION NO. 4 WHEREAS, the City Council of the City of Palm Spring, California (the "City Council"), has initiated proceedings, held a public hewing, conducted an election and received a favorable vote from the qualified electors authorizing the levy of a special taxes in a community facilities district, all as authorized pursuant to the teens and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1. Division 2, Title 5 of the Government Code of the State of California (the "Act') and the City of Palm Springs Community Facilities District Ordinance enacted pursuant to the powers reserved by the City of Palm Springs under Sections 3, 5 and 7 of Article Xl of the Constitution of the State of California (the "Ordinance") (the Act and the Ordinance may be referred to collectively as the "Community Facilities District Law"), This Community Facilities District is designated as Conmunity Facilities District No. 2005-1, Annexation No. 4 (the"District'). The City Council of the City of Palm Springs, California, acting as the legislative body of Community Facilities District No. 2005-1, Annexation No- 4, does hereby ordain as follows: SECTION 1. This City Council does, by the passage of this ordinance, authorize the levy of special taxes within the District pursuant to the Rate and Method of Apportionment of Special Taxes as set forth in Exhibit A attached hereto (the "Rate and Method"), referenced and so incorporated. SECTION 2. The Finance Director of the City is hereby authorized and directed each fiscal year to determine the specific special tax rate and amount to be levied for the next ensuing fiscal year for each parcel of real property within the District, in the manner and as provided in the Resolution of Annexation. SECTION 3. The special taxes herein authorized, to the extent possible, shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes; provided, however, the District may utilize a direct billing procedure for any special taxes that camnot be collected on the County tax roll or may, by resolution, elect to collect the special taxes at a different time or in a different manner if necessary to meet its financial obligations- SECTION 4. The special taxes shall be secured by the lien imposed pursuant to Sections 3114.5 and 3115.5 of the Streets and Highways Code of the State of California, which lien shall be a continuing lien and shall secure each levy of the special tax. The lien of the special tax shall continue in force and effect until the special tax obligation is prepaid, permanently satisfied and canceled in accordance with Section 53344 of the Govenunent Code of the State of California or until the special tax ceases to be levied by the City Council in the manner provided in Section 533305 of said Government Code. SECTIONS. This Ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the City Clerk shall cause this Ordinance to be published in a newspaper of general circulation in the City pursuant to the provisions of Goverment Code Section 36933. Introduced at a regular meeting of the City Council of the City of Palm Springs, California, on the day of 2007; Enacted at a regular meeting of the City Council of the City of Palm Springs, California, held on the day of 2007,by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor, Ronald Oden City of Palm Springs Attest: City Clerk, James Thompson City of Palm Springs 2 n�j � EXHIBIT A RATE AND METHOD OF APPORTIONMENT �. r EXHIBIT A CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES) RATE AND METHOD OF APPORTIONMENT A Special Tax of Community-Facilities District No. 2005-1 (Public Safety Services) of the City of Palm Springs (the "District") shall be levied on all Assessor's Parcels in the District and collected each Fiscal Year commencing in Fiscal Year 2006-07 in an amount determined by the City through the application of the rate and method of apportionment of the Special Tax set forth below. All of the real property in the District, unless exempted by law or by the provisions hereof, shall be taxed for the purposes,to the extent and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meanings: "Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final subdivision map, other final map, other parcel reap, other condominium plan, or functionally equivalent map or instrument recorded in the Office of the Cotmty Recorder. The square footage of an Assessor's Parcel is equal to the Acreage multiplied by 43,560. "Act" means the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2 of Title 5 of the Government Code of the State of California, as amended, which authorizes the establishment of the District to finance: a) police protection services, and b) fire protection and suppression services, and life safety services including but not limited to ambulance and paramedic services. "Adn xixustrative Expenses" means the actual or estimated costs incurred by the City as administrator of the District to determine, levy and collect the Special Taxes, including the proportionate amount of the salaries and benefits of City employees whose duties are directly related to administration of the District and the fees of consultants, legal counsel,the costs of collecting installments of the Special Taxes upon the general tax rolls, preparation of required reports; and any other costs required to administer the District as determined bythe City. "Annual Escalation Factor" means the greater of the increase in the annual percentage change of the All Urban Consumers Consumer Price Index (CPI) or the percent increase of salaries and benefits for public safety employees as stated in the Memorandum of Understanding for the fiscal year of the Special Tax. The annual CPI used shall be for the area of Los Angeles-Riverside-Orange County, CA as reflected in the then-current April update. The annual CPI used shall be as determined by the United States Department of Labor, Bureau of Labor Statistics, and may be obtained through the California'Division of SepkpiTr 7, 2005 W A-1 City of PalmSPnT Com ,mty Facilities Disma Na 2005-1 (Public Safety Serr=) cl )()-�?q Labor Statistics and Research (www.dir-.ca.gov/dlsr). If the foregoing index is not available, the CFD Administrator shall select a reasonably comparable index_ "Assessors Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned assessor's parcel number. "Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels by assessor's parcel number. "Base Year" means Fiscal Year ending Jtme 30, 2007. "City" means the City of Palm Springs. "Council" means the City Council of the City of Palm Springs, acting as the legislative body of the District. "County" means the County of Riverside, California. "Developed Multi-Family Residence" means all Assessor's Parcels of Developed Property for which a building permit has been issued for purposes of constructing a residential structure consisting of two or more residential units that share common walls, including, but not lnniied to, duplexes, triplexes, town homes, condominiiums, and apartment units. "Developed Property" means all Taxable Property, exclusive of Property Owner Association Property, Non-Residential Property, or Public Property, for which a building permit was issued after January 1, 2006 and prior to May 1st preceding the Fiscal Year in which the Special Tax is being levied. "Developed Single-Family Residence" means all Assessors' Parcels of Developed Property for which a building permit(s) has been issued for proposes of constructing one single-family residential dwelling unit. "District Admnistrator" means an official of the City-, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes. "District" means Community Facilities District No. 2005-1 (Public Safety Services) of the City of Palm Springs. "Entitled Property" means an Assessor's Parcel and/or Lot in the District, which has a Final Map recorded prior to January 1st preceding the Fiscal Year in which the Special Tax is being levied, but for which rno building permit has been issued prior to the May 1"preceding the Fiscal Year in which the Special Tax is being levied. The term "Entitled Property' shall apply only to Assessors' Parcels and/or Lots, which have been subdivided for the purpose of residential development, excluding any Assessor's Parcel that is designated as a remainder parcel determined by final documents and/or maps available to the District Administrator. Septet 7, 2005 A-2 City ofPabnSpnw Cwn wity Fadlities Di Chia No. 2005-1 (Public Safety Seracrss i i i "Final Map" means an Assessor's Parcel Map, a final subdivision map, other parcel map, other final map, other condominium plan, or functionally equivalent map that has been recorded in the Office of the County Recorder. "Fiscal Year" means the period starting July 1 and ending on the following June 30. "Land Use Class" means anyof the classes listed in Table 1. "Lot" means property within a recorded Final Map identified by a lot number for which a building permit has been issued or maybe issued. "Maxianum Special Tax" means the maximum Special Tax, determined in accordance with Section C below that can be levied in the District in any Fiscal Year on any Assessor's Parcel. "Non-Residential Property" means all Assessors' Parcels for which a building permit(s) has been issued for a non-residential use and does not contain any residential units as defined under Developed Single Family Residence or Developed Multi-Family Residence. "Property Owner Association Property" means any property wichin the boundaries of the District that is owned by, or irrevocably dedicated as indicated in an insri unent recorded with the County Recorder to a property owner association, including any master or sub- association. "Proportonately" means in a manner such that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Assessor's Parcels within each Land Use Class. "Public Property" means any property within the boundaries of the District that is, at the time of the District formation or at die time of an annexation, expected to be used for rights-of-way, parks, schools or any other public propose and is owned by or irrevocably offered for dedication to dire federal government,the State, the County,the City or any other public agency. "Public Safety Service Costs" means the estimated and reasonable costs of providing police services and fire protection and suppression services and life safety services, including but not limited to (i) the costs of contracting services, (u) equipment, vehicles, ambulances and paramedics, fire apparatus, supplies, (iir) the salaries and benefits of City staff that directly provide police services and fire protection and suppression services and life safety services, respectively, and (iv) City overhead costs associated with providing such services within the District. On each July 1 following the Base Year the increases attributed to salaries and benefits shall be calculated and limited to the increase based on the Annual Escalation Factor. The Special Tax provides only partial funding for police, fire and life safety services. "Special Tax" means the Special Tax to be levied in each Fiscal Year on each Assessor's Parcel of Taxable Properly to fund the Special Tax Requirement, and shall include Special 'faxes levied or to be levied under Sections C and D,below. Sepavr 7, 2005 A-3 Cityof Palm Spn%; Co m,mty Faahtio5 District Na 2005-I (Public Sao sa,z ) "special Tax Requirement" means that amount required in any Fiscal Year for the District to: (r) pay for Public Safety Service Costs; (n) pay reasonable Administrative Expenses; (its) pay any-amounts required to establish or replenish any reserve funds; and (iv) pay for reasonably anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes levied ul the previous Fiscal Year; less any surplus of funds available from the previous Fiscal Yeaes Special Tax levy. "state" means the State of California. "Taxable Property" means all of the Assessor's Parcels within the boundaries of the District and any future annexation to the District that arc not exempt from the Special Tax pursuant to law or as defined herein. "Tax-Exempt Property" means an Assessor's Parcel not subject to the Special Tax. Tax- Exempt Properly includes: (i) Public Property, (n) Property Owrner Association Property, (in) Non-Residential Property, and (iv) property designated by the City or District Administrator as Tax-Exempt Property. "Undeveloped Property" means, for each Fiscal Year, all Assessor's Parcels of Taxable Property not classified as Developed Property or Entitled Property, including an Assessor's Parcel that is designated as a remainder parcel and is not identified as potential Public Property by any final documents and/or maps available to the District Administrator, "Unit' means any separate residential dwelling unit in which a person or persons may live, which comprises an independent facility capable of conveyance separate from adjacent residential dwelling units and is not considered to be for commercial or industrial use. B. A5�>GNNIENTTOLANDUSECATECzC7AiES Each Fiscal Year using the definitions above, all 'Taxable Property within the District shall be classified as Developed Properly, Entitled Property, or Undeveloped Properly. Developed Property shall be further classified as Developed Single-Family Residence or Developed Multi-Family Residence. Corn mencing with the Base Year and for each subsequent Fiscal Year, all Taxable Propertyshall be subject to Special T axes pursuant to Sections C and D below. SepterrdTr7, 2005 A-4 City OfTalmSPnV Corfff, nityracditiesDistnaNa 2005-1 (Public Safety Ser=) C. MAUMUM SPECIAL TAX RATE 1. Developed Property FABLE 1 Maximum Special Tax for Developed Property Community Facilities District No. 2005-1 (Public Safety Services) Maximum Land Use Description Special Tax Class P Per Unit 1 Developed Single-Family $350 per unit Residence p 2 Developed Multi-Family 5295 per Unit Residence On each,july 1 following the Base Year (i.e.,July 1, 2007),the Maximum Special Tax Rates in Table 1 shall be increased in accordance with the Annual Escalation Factor. Once the Maximurn Special Tax Per Unit is equal to $500 per Unit, no further Annual Escalation Factor shall be applied and the Maximum Special Tax Per Unit shall not exceed $500. 2. Entitled Property TABLE 2 Maximurn Special Tax for Entitled Property Community Facilities .District No. 2005-1 (Public Safety Services) Maximum Land Use Description Special Tax Class Per Lot 3 Entitled Property $100 per Lot No Annual Escalation Factor shall be applied to the Maximum Special Tax Per Lot for Entitled Property. Septenr 7, 2005 A-5 City ofP6dmSpnngs Cwz,a utyPaciliw Dist=No. 2005.1 (Public Safety Soyiq) 00(l s1?1 3. Undeveloped Property Undeveloped Property will be assigned a Maximum Special Tax Rate of $500 per acre or portion thereof, with a rninunum rate of 3100 for Undeveloped Property less than or equal to one-forth (1/4) of an Acre as described in Table 3. TABLE 3 Maximum Special Tax for Undeveloped Property Community Facilities District No. 2005-1 (Public Safety Services) Maximum Land Use Description Special Tax Class Per Parcel/Acre 4 Undeveloped Property $100 per 51/4 Acre Assessors Parcel 5 Undeveloped Property $500 per Acre 71/4 Acre No Annual Escalation Factor shall be applied to the Maximum Special Tax Per Parcel/Acre for Undeveloped Property. 4. Tax-Exempt Property No Special Tax shall be levied on Tax-Exempt Property. 5. Multiple Land Use Classes In some instances an Assessor's Parcel may contain more than one Land Use Class. The Maximum Special Tax levied on an Assessor's Parcel shall be the sum of the Maximtun Special Tax levies that can be imposed on all Land Use Classes located on that Assessor's Parcel. D. METHOQ-OE AUORTIONMENT OF THE SPECIAL TAX Commencing with Fiscal Year 2006-07, and for each subsequent Fiscal Year, the District Administrator shall calculate the Special Tax Requirement based on the definitions in Section A and levy the Special Tax as follows Until the amount of the Special Tax levied equals the Special Tax Requirement. First, the Special Tax shall be levied each Fiscal Year on each Assessor's Parcel of Developed Property Proportionately between Developed Single- Family Residence and Developed Multi-Family Residence up to 100% of the applicable Maxnntun Special Tax. Second, if the Special Tax Requirement has not been satisfied by the first step, then the Special Tax shall be levied each Fiscal Year on each Assessor's Parcel of Sepw; 7, 2005 _ A-6 City OFPulmSpniE5 C7,,m7aantyFaa1idzDi5trictNa 2005-1 (PuhlicSafety Se Entitled Property up to 100% of the applicable Maximum Special Tax for Entitled Property. .Lastly, if the first two steps have not satisfied the Special Tax Requirement, then the Special Tax shall be levied each Fiscal Year on each Assessor's Parcel of Undeveloped Property up to 100% of the applicable Maximtnn Special Tax for Undeveloped Property. E. APPEALS Any taxpayer that believes that the amount of the Special Tax assigned to an Assessor's Parcel is in error may file a written notice w sh the District Admuusirator appealing the levy of the Special Tax. This notice is required to be filed with the District Administrator during the Fiscal Year the error is believed to have occurred. The District Administrator or designee will then promptly review the appeal and, if necessary, meet with the taxpayer. If the District Administrator verifies that the tax should be changed the Special Tax levy shall be corrected and, if applicable in any case, a refund shall be granted. F. EXE-MPTIONS 1. Residential Property Residential Properties which annually meet one or more of the following standards shall be exempt from payment of the Special Tax: a. A Residential Property consisting of one or two person(s) earning $15,300 or less gross income per year, upon complying with procedures to establish such exemption, or b. A Residential Property consisting of three persons earning $17,900 or less gross income per year, upon complying with procedures to establish such exemption, or C. A Residential Property which qualifies for either the Low Income Rate Assistance (LIRA) exemption for electrical or gas services or the Lifeline exemption for telephone services. The City is authorized and directed to promulgate administrative rules and procedures for verification of eligibility for the exemptions referred to in section F. G. MANNER OF COLLECTION Special Tax as levied pursuant to Section D above shall be collected in the sane manner and at the same tune as ordinary cal zal6tin property taxes; provided, however, that the District Administrator may directly bill the Special Tax, may collect Special 'faxes at a different time or in a different manner if necessary to meet the financial obligations of the District or as Otherwise determined appropriate bythe District Administrator. Septerr&r7, 2005 A-7 City of Palm SpnV Convr¢rrrity Faahlies District Na 2005.1 (Pab6 SafetySercims) H. TERM OF SPECIAL TAX Every five years after the establishment of the District, the City Council may reexamine, if deemed necessary by City Council, the necessity of the continuance of the Special Tax through the preparation of a Fiscal Impact Analysis, otherwise the Special Tax shall be levied in perpetuity. Septena'xn-7, 2005 A-8 CitYGfFa1mSpriw Convr¢ptity Fcaci ities Dkria No 2005.1 (T-WHX Safety SCY=) pf) 't� No, 1739 NOTICE of PUBLIC HEARING Annexation of Certain Territory Into 01%of Palm Sprinpa Community Facilities D strict No.2 05- (Public Safety Services) NOTICE IS HEREBY GIVEN that, pursuant to Government Code Section 53322,me City Coun- PROOF OF PUBLICATION all of the City of Palm Springs, California Itne City Council") will hold a public hearing at :00 (2015.5.C.C.P) P.M. an June 20, 2007, or as Soon thereafter as prscticabie, at the Council Chambor;of The City of-Palim Springs, 3200 East Tahauitz Canyon Way,PcIm Springgs California,922.6 ,for the ourry .pposes of considorling the annexation 01 cenaln tc fit Into the City of'Palm Springs Communily Facilities Distri No. 2005-1 - Public Safety Ser- vices (the "District I. On May 16,2007.the City Council adopted Res- oiutlan No.21898 untitled "Resolution of the City Council of the Clty of Palm Springs, California, Declaring Its Intent on to Authorize the Annexation of Territory to Community Faculties District No. STATE OF CALIFORNIA 2005-1 (Public Safety Ssrviee^.1,Annexation No: Count of Riverside 4' (the "Resolution of Intention")stating Its Inten- t' tion to annex certain torrdory rleraafter referred to as 'Annexation No. 4") Into t e District pursuant to the Mello-Roos Community Facilities Act of 1962, as amended, commencing with Section s3311 of the CaIncrnla Government Code (the "Act-),for the purpose of levying a Special Tax to finance police services,fire protection and sup- pression services, and life safety wrmces. A general assort ]on of the services to be I am a citizen of the United States and a resident of financed by the❑IBiflat Is as follows. the County aforesaid;I am over the age of eighteen Police services fire pmiscaon and-sugressitn ears,and not fl art to or interested in the services and lire sofartyy services (the Services) Y party or the Ltlry o(Palm SPdngs required to sustain the above-entitled matter.I am the principal clerk of a service delArery capabbrilty For ameraency and non- e P emergency services to new growth areas of the. printer of the,DESERT SUN PUBLISHING Cry of Palm Sp rgr,'including but nor limited to, equipment,vehicles,ambulances and pararriii , COMPANY a newspaper of general circulation, fire apparatus, services, sups and personnel; rioted and published in the city of Palm Springs, provided, however, lhd any lncreaseJ in special p p ty taxes for costs related to employee wa,q it and Count of Riverside, which h b benefits shall be limited as provided In tha Ralc y verse,an newspaper and Method of Apportionment of Inc,Special Tax- adjudged a newspaper of general circulation by the as to fond such Services. Superior Court of the County of Riverside,State of The same types of snrvlces that are authorized to be financed by the District are the typos of ser- California under the date of March 24,1985.Case vices to be provided In Annexation No. 4. If and Number 191236; that the notice,of which the to the extent possible,such service^shall be pro- wood In common within the District and Annex- annexed is a printed copy(set in type not smaller etion No 4, than non pariel,has been published in each regular The special tax proposed to be levied within An- and entire issue of said newspaper and not in an Anne ati No a for services to l t supplied within y Annexation N 4 4 snail is equal to the special tax supplement thereof on the following dates,to wit: Iaviod to pay for the same services in the District, Pp g except that a higher or lower special tax may be levied within Annexation No. 4 to the extent that the actual cast of pvovIdini the services In An- June 2n4,2007 next Tian No.4 Is higher or ower than the Cost of providing those services in the District. Notwdh- —""-"""""""—""-""—""—""--"-- standing the foregoing,the special tax may not be levied at a rate that Is higher then the maxi- mum special tax authorized to by levied pursuant _—_—_--_—__— ...f......................---- to the Nate and Method of Apportionment of the Spacial Tax. All in the year 2007 The maximum special tax rate In the Dlstrlet shall not be increased as a result of the annexation of I certify(or declare)under penalty of perjury that the Annexation No 4 to the District.-foregoing is true and correct. The Spatial Tax as levied pursuant to the de- g g .:cription above shall be collected In the same manner and at the same time as ordinary ail valo- rem proparty taxes' provided, however, that the Dated at Palm Springs,California this—Sn',—day District Administrator mayy directly bill the social Tax,may collect Special at a dlVere tlma or In a dalerent manner If necessary to meet the III June — ,2QQ7 financial obligations of the District or as otherwise '• determined appropriate by the Dl:that Administra- tor. IF at least 12 persons have been regiswred to Q vote within the territory to be annexed o the CFD for each of the 90 days preceding the close of _ _ .f --------- the public or pretest hearing, the vote in the spe- -- --' '—""""""""" dal eiectlon shall be by the registered voters of !ti Signal a `� Annexation No. 4 with each voter having one _ vote. In that event, the special electlon shall be conducted by the Registrar of Voters of the County of Riverside and shall be held on a date selected by the City Council and me ballots for the Special election shall be distributed to the qua electors of Annexation No. 4 by mail -. - with return postage prepald,and the special oluc- _ tlah shall be cond4ctetl as a mail ballot election CO -- If at the time oYthe close of the protest hearing I —� ©'� Tess than 12 persons have been registered to vote IV ' within the Icrltory of Annexation No.4, the vote &all be by the landowners of Annexation No. 4, r. ..J wlth each landowner of record at the close of the �• `a — protest hearing havinp one vote for each acre or _ portion of an acre of land that he or she owns u within Annexation No.4.In that event tile.special �.i election shall be conducted by the City Clerk At the 1learing the testimony of all "'.rested per- sons, including all taxpayers or persons o'hmg propor In the area,for or again t annexailon of the Cis nel,the eloem of the Istnet,the furnlen- ing of a specified type or<ypes of public facilities of LeN�ces will be heard. If fa) 501 or more of the registored voters or six( 1 registorcd valur5. whichever Is more, resitllpg wl h[n the District b 50% or more of the ropprterutl voters, or six 6 repistored voters, whichever a maru, residing wlthln Annexation No 4, (c)owners of ons-ha[f or more of the area of land in the territory Included in Annexation No.d, cr fdl owners of Orin-Mali or more of the area of land n the territory included in Annexation No. 4, file written protests agalnst the pmposod innexatlon of Annexation No. 4 ID the❑Istrlct in the future and such protests am not withdrawn so as to reduce the protests to less than a malority no further proceedings ahall be undertaken for a perlod of one year from the date of the decision by the City Council on the Issued discussed at the public hearing. All while not defined herein shall be as defined In the Resolution of Intentlon Authorizing the Annex- ation of Certain Territory.The complete text of this resolution,the proposed rate and method of apportionment Of the special tax,and the bound- ary map of the proposed lerrltory to be annexed are On file In the Clp Clerk's Office and are avall- able for public inspection between the hours of S,M a.m.and 5:00 p.m. Monday through Friday. I Questions rogording this matter may be directed to Troy Butzlsff Assistant City Manager-Admin- istribi Services at(760)32y-6330. SI necealta eyuda can cs'l'a Cana, par favor[lame a In Ciudad de Palm Springqs yy ppdude Ilablar con Nadine Roger to[ofono (760)323-8245. James Ihampson, City CFER Publlahed-9/2/2007 O� PALM Sp =='N City ®f Palm Springs ° Office of Ehe Ciry Clerk ti q� 3200 L Tohquirz Cinynn W17 • Pilm Springs, California 92262 Cq[rFOR�\P TO (760) 323-8204 0 P.ie (760) 322-S,332 • Web. www.pulmtipruig+-Cdguv AFFIDAVIT OF MAILING NOTICES I, the undersigned City Clerk of the City of Palm Springs, California, do hereby certify that a copy of the Notice of Public Hearing, to consider the Annexation of Territory to Community Facilities District No- 2005-1 (Public Safety Services), Annexation No. 4 (the Resolution of Intention) stating its intention to annex certain territory (hereafter referred to as "Annexation No. 4) into the District pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the California Government Code (the "Act"), for the purpose of levying a Special Tax to finance police services, fire protection and suppression services, and life safety services, was mailed to each and every person set forth on the attached list on the 5th day of June, 2007, in a sealed envelope, with postage prepaid, and depositing same in the U.S. Mail at Palm Springs, California. (15 notices mailed) I declare under penalty of perjury that the foregoing is true and correct. Dated at Palm Springs, California, this 7th day of June, 2007. AMES THOMPSON City Clerk /kdh Affidavit-CFD 2005-1 #4.doc U-lff1,^,h* Post Office Box 2743 • Palm Springs, California 92263-2743 NEIGHBOiRHO D C,OA0,tI6io Ki PS,'J-� MS APRIL HILDNER � ' " �'� •• ' "-;Ca�se''`r' ' ",,6;�'�i"a-'�- ^I (TAHQUITZ RIVERS ESTATES) MRJIMLUNDIN 'aj l -' HN fdr Cl '''+ 241 EAST MESQUITE AVENUE DEEPWELL ESTATES jL PALM SPRINGS CA 92264 1243 SO. SAGEBRUSH PALM SPRINGS CA 92264 MS ROXANN PLOSS MR JOHN HANSEN MS MALLIKA ALBERT (BEL DESIERTO NEIGHBORHOOD) (WARM SANDS NEIGHBORHOOD) (CHINO CANYON ORGANIZATION) 930 CHIA ROAD PO BOX 252 2241 NORTH LEONARD ROAD PALM SPRINGS CA 92262 PALM SPRINGS CA 92263 PALM SPRINGS CA 92262 I DIANEAHLSTROM MR BOB MAHLOWITZ MS PAULA AUBURN (MOVIE COLONY NEIGHBORHOOD) (SUNMOR NEIGHBORHOOD GROUP) (SUNRISENISTA CHINO AREA) 475 VALMONTE SUP, 246 NORTH SY131L ROAD 1369 CAMPEON CIRCLE PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 MS SHEILA COBRIN MR BILL SCOTT MR SEIMA MOLOI VISTA LAS PALMAS HOMEOWNERS (OLD LAS PALMAS NEIGHBORHOOD) (DESERT HIGHLAND GATEWAY EST) 1701 N.PALM CANYON DRIVE, STE- 1 540 VIA LOLA 359 WEST SUNVIEW AVENUE PALM SPRINGS, CA 92262 PALM SPRINGS CA 92262 PALM SPRINGS CA 92262-2459 MS LAURI AYLAIAN _ MR PETE MORUZZI HISTORIC TENNIS CLUB ORG M'OAGQM AND } ,r '` '" ', m '"r':%" . PALM SPRINGS MODERN COMMITTEE 377 WEST BARISTO ROAD HLS,'(ORIC S'(TE�REP,' JLL� i,;;;; �.� PO BOX 4738 PALM SPRINGS CA 92262 PALM SPRINGS CA 92263-4738 MS MARGARET PARK AGUA CALIENTC BAND OF CAHUILLA INDIANS 777 E TAHQUITZ CANYON WAY, STE.3 PALM SPRINGS CA 92262 Mr. Fred Bell, Executive Dir. Building Industry Assoc. 77-570 Springfield Lane Suite E Palm Desert, CA 92211 NOTICE OF PUBLIC HEARING i i Annexation of Certain Territory into City of Palm Springs ! Community Facilities District No. 2005-1 (Public Safety Services) NOTICE IS HEREBY GIVEN that, pursuant to Government Code Section 53322, the City Council of the City of Palm Springs, California (the "City Council") will hold a public hearing at 6:00 p.m. on June 20, 2007, or as soon thereafter as practicable, at the Council Chambers of the City of Palm Springs, 3200 East Tahquitz Canyon Way, Palm Springs, California, 92262, for the purposes of considering the annexation of certain territory into the City of Palm Springs Community Facilities District No. 2005-1 -- Public Safety Services (the "District")- On May 16, 2007, the City Council adopted Resolution No. 21898 entitled "Resolution of the City Council of the City of Palm Springs, California, Declaring Its Intention to Authorize the Annexation of Territory to Community Facilities District No. 2005-1 (Public Safety Services), Annexation No. 4" (the "Resolution of Intention") stating its intention to annex certain territory (hereafter referred to as "Annexation No. 4") into the District pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the California Government Code (the "Act"), for the purpose of levying a Special Tax to finance police services, fire protection and suppression services, and life safety services. A general description of the services to be financed by the District is as follows: Police services, fire protection and suppression services, and life safety services (the "Services') of the City of Palm Springs required to sustain the service delivery capability for emergency and non-emergency services to new growth areas of the City of Palm Springs, including but not limited to, equipment, vehicles, ambulances and paramedics, fire apparatus, services, supplies and personnel; provided, however, that any increases in special taxes for costs related to employee wages and benefits shall be limited as provided in the Rate and Method of Apportionment of the Special Taxes to fund such Services. The same types of services that are authorized to be financed by the District are the types of services to be provided in Annexation No. 4. If and to the extent possible, such services shall be provided in common within the District and Annexation No. 4. The special tax proposed to be levied within Annexation No. 4 for services to be supplied within Annexation No. 4 shall be equal to the special tax levied to pay for the same services in the District, except that a higher or lower special tax may be levied within Annexation No. 4 to the extent that the actual cost of providing the services in Annexation No. 4 is higher or lower than the cost of providing those services in the District. Notwithstanding the foregoing, the special tax may not be levied at a rate that is higher then the maximum special tax authorized to be levied pursuant to the Rate and Method of Apportionment of the Special Tax. The maximum special tax rate in the District shall not be increased as a result of the annexation of Annexation No- 4 to the District. 1 j1T1 " 7 The Special Tax as levied pursuant to the description above shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that the District Administrator may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations of the District or as otherwise determined appropriate by the District Administrator. If at least 12 persons have been registered to vote within the territory to be annexed to the CFD for each of the 90 days preceding the close of the public or protest hearing, the vote in the special election shall be by the registered voters of Annexation No. 4 with each voter having one vote. In that event, the special election shall be conducted by the Registrar of Voters of the County of Riverside and shall be held on a date selected by the City Council and the ballots for the special election shall be distributed to the qualified electors of Annexation No. 4 by mail with return postage prepaid, and the special election shall be conducted as a mail ballot election. If at the time of the close of the protest hearing less than 12 persons have been registered to vote within the territory of Annexation No. 4, the vote shall be by the landowners of Annexation No. 4, with each landowner of record at the close of the protest hearing having one vote for each acre or portion of an acre of land that he or she owns within Annexation No. 4. In that event, the special election shall be conducted by the City Clerk. At the hearing, the testimony of all interested persons, including all taxpayers or persons owning property in the area, for or against annexation of the District, the extent of the District, the furnishing of a specified type or types of public facilities or services will be heard. If (a) 50% or more of the registered voters, or six (6) registered voters, whichever is more, residing within the District, (b) 50% or more of the registered voters, or six (6) registered voters, whichever is more, residing within Annexation No. 4, (c) owners of one-half or more of the area of land in the territory included in Annexation No. 4, or (d) owners of one-half or more of the area of land in the territory included in Annexation No. 4, file written protests against the proposed annexation of Annexation No. 4 to the District in the future and such protests are not withdrawn so as to reduce the protests to less than a majority no further proceedings shall be undertaken for a period of one year from the date of the decision by the City Council on the issued discussed at the public hearing. All terms not defined herein shall be as defined in the Resolution of Intention Authorizing the Annexation of Certain Territory. The complete text of this resolution, the proposed rate and method of apportionment of the special tax, and the boundary map of the proposed territory to be annexed are on file in the City Clerks Office and are available for public inspection between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. Questions regarding this matter may be directed to Troy Butzlaff, Assistant City Manager— Administrative Services, at (760) 322-8336, Si necesita ayuda con esta carta, por favor flame a la Ciudad de Palm Springs y.pued habtar con Nadine Fieger telefono (760) 323-8245. es Thompson, City-Clerk - 2 � L�