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Home My WebLink AboutRES 2014-19 - Board I TRUCKEE DONNER • FL JJ . Uti ity r !: 1 i .t RESOLUTION NO. 2014 - 19 RESOLUTION OF THE BOARD OF DIRECTORS OF THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT ACTING ON ITS OWN BEHALF AND AS THE GOVERNING BODY OF ALL OF ITS COMMUNITY FACILITIES DISTRICTS (OLD GREENWOOD No. 03-1 AND GRAYS CROSSING No. 04-1) AUTHORIZING RETENTION OF SPECIAL COUNSEL WHEREAS, the Truckee Donner Public Utility District (the "TDPUD") has conducted proceedings resulting in the formation of Community Facilities Districts ("CFDs"; the District and the CFDs are collectively referred to as "District") and the issuance and sale of bonds or debt pursuant to the Mello-Roos Community Facilities Act of 1982 (Cal. Gov. Code Section 53311, et seq.; the "Act"); and WHEREAS, pursuant to the Act, the District has duly recorded Notices of Special Tax Lien and has duly and regularly levied CFD special taxes, which special taxes and interest and penalties thereon constitute a lien against the parcel of the land against which it was levied until the same are paid, which liens secure in whole or part debt issued pursuant to the Act; and • WHEREAS, certain installments of the special taxes have not been paid when due, and certain special taxes may not be paid when due in the future; and WHEREAS, pursuant to Section 53356.1(a) of the Act, the District is authorized to order the special taxes collected by an action brought in the Superior Court to foreclose their liens; and WHEREAS, pursuant to Section 53356.1(b) of the Act, the District covenanted for the benefit of owners of the debt to file such foreclosure actions on behalf of the debt holders and are authorized to order the County Auditor to credit the delinquent special taxes upon the secured tax roll, thus relieving the County Tax Collector of further duty and regard thereto; and, WHEREAS, the District wishes to retain experienced, qualified counsel to prosecute such judicial foreclosure actions, NOW THEREFORE, BE IT RESOLVED by the Board of Directors of the TDPUD acting on its own behalf and as the Legislative Body of all of the District CFDs that: 1. The Board finds that the Act authorizes the commencement of judicial foreclosure proceedings to collect delinquent special taxes, and hereby orders that the delinquent special taxes listed on the attached Exhibits Al and all future delinquent • special taxes as to such property, be collected by action brought in the appropriate Superior Court to foreclose the liens thereof. Resolution 2014-19 1 • 2. The District President of the Board is authorized to retain Stradling Yocca Carlson & Rauth, a law firm, as special counsel on the terms set forth in the agreement presented to the Board to prosecute the foreclosure actions and to collect on behalf of the CFDs all amounts due on account of the special taxes listed in Exhibits Al and any subsequent delinquent special taxes. 3. The Board finds that the Act provides for the payment of the costs and attorneys fees for prosecution of the foreclosures authorized by the District and hereby authorizes Attorneys to require payment on its behalf of all costs and all attorneys fees incurred as to each delinquent parcel as a condition of such redemption as provided in the agreement. Adopted by the Board of Directors of the Truckee Donner Public Utility District acting on its own behalf and as the Legislative Body of all of its Community Facilities Districts at a regular meeting held on August 20, 2014, by the following vote: AYES: Directors Aguera, Ellis, Hemig and Laliotis NOES: None • ABSTAIN: none ABSENT: Director Bender TRUCKEE DONNER PUBLIC UTILITY DISTRICT Tony Laliotis, President ATTEST: Michael D. Holley, P.E. Clerk of the Board • Resolution 2013-XX 2 CFD Delinquent Assessments ATTACHMENT 1 • (Excludes penalty,interest,and fees) Gray's Crossing CFD 2013/2014 Prior Years Total APN Owner Past Due Past Due Past Due 19-770-02 Gray's Station 207,995 602,378 810,373 19-770-13 Frank Seelig 3,466 8,362 11,828 19-780-03 Douglas Sumaraga 3,585 3,515 7,100 19-800-04 Otis McGee 1,793 - 1,793 19-800-15 Douglas Sumaraga 3,705 14,107 17,812 19-840-08 Andree Wood 2,241 - 2,241 19-840-10 Travis Reich 2,241 - 2,241 19-840-11 Travis Reich 2,241 - 2,241 19-840-12 Travis Reich 2,315 - 2,315 19-840-14 No Name 11684 Kelly Dr. 2,315 - 2,315 19-850-03 Incline Land Co 2,241 - 2,241 19-870-02 Coral Quiet 2,315 - 2,315 19-870-09 Drake&Nannette Niven 4,482 10,812 15,294 19-870-13 Gerald Quinlan 4,332 - 4,332 19-910-02 Gary&Cherene Ifland 2,390 4,687 7,077 19-910-05 Grace Ferneynes 2,166 - 2,166 43-010-05 LDK GC 81,LLC Gray's Station LLC 96,670 279,967 376,637 43-010-07 LDK GC 81,LLC Gray's Station LLC 165,861 480,351 646,212 43-030-13 Trailside Builder Inc. 2,465 - 2,465 43-040-11 Grace Ferneynes 4,930 - 4,930 43-040-12 Trailside Builder Inc. 2,465 - 2,465 43-040-14 Russ Kaulback 2,465 - 2,465 43-050-02 Village at Gray's Crossing 846 - 846 43-050-03 Village at Gray's Crossing 564 - 564 • 43-050-04 Village at Gray's Crossing 986 - 986 43-050-OS Village at Gray's Crossing 846 846 43-050-06 Village at Gray's Crossing 564 - 564 43-050-07 Village at Gray's Crossing 986 - 986 43-050-08 Village at Gray's Crossing 846 - 846 43-050-09 Village at Gray's Crossing 986 - 986 43-050-17 Village at Gray's Crossing 846 - 846 43-050-18 Village at Gray's Crossing 986 - 986 43-050-19 Village at Gray's Crossing 846 - 846 43-050-20 Village at Gray's Crossing 986 - 986 43-050-21 Village at Gray's Crossing 14,233 - 14,233 43-060-01 Village at Gray's Crossing 11,273 - 11,273 43-060-02 Village at Gray's Crossing 11,555 - 11,555 43-060-04 Village at Gray's Crossing 20,010 - 20,010 43-060-05 Village at Gray's Crossing 17,333 - 17,333 43-060-06 Village at Gray's Crossing 7,891 - 7,891 43-060-08 Village at Gray's Crossing 5,778 - 5,778 43-070-01 Village at Gray's Crossing 60,313 - 60,313 43-070-02 Village at Gray's Crossing 4,650 - 4,650 43-070-03 Village at Gray's Crossing 8,314 - 8,314 43-070-05 Village at Gray's Crossing 15,924 - 15,924 43-070-06 Village at Gray's Crossing 8,314 - 8,314 46 Total 720,554 1,404,180 2,124,734 Old Greenwood 2013/2014 Prior Years Total APN Owner Past Due Past Due Past Due 19-740-21 Ezekiel&Susan Straw - 5,204 5,204 19-750-19 Trevor&Jennifer Sanders 3,585 - 3,585 III 19-750-39 James Wogan 3,585 10,340 13,925 19-750-43 Charles Anderson 1,793 1,793 19-940-18 Mathew&Stephanie Hein 2,032 - 2,032 5 Total 10,995 15,544 26,539 Attachment 2 III - Failed Auction IN , :•/ /r 6.- • .14111 . r v New Y Delin uenc ,, Delinquency Sherif Sale Imminent / . Writ of Sale %r// 0 7 ;'/'b !s• a ,, t- <e • O,, i ;` ,'III • , O ,... ,,,,, 1 Fr Qaih Clj ff.er 4.4A' Nive...:\:.No "ILegacy0 lif �r� C. 9 G� cob VtterS won RaA S a Cee, •r a ill dr 0 •. \,°8 getters Ln • • t od Ave � ate ‘gr N • ymptccv. Attachment 3 \ \-e N 13 - Failed Auction • _ SiSi � Whit ail Ct G` - \ - New Delinquency �' R �nbov1 ' SnowSr� tda '�ay s i I Sherif Sale Imminent 0 ' Writ of Sale aw ...*. :011 ., fli * * gottcher Lp 0 4, °� �a�a 4 . ♦ 4 c. e'� Gw - 0:0 ' Or e La be e • G �' e 4 Q 0 � iiet 4/ F. Q p .: 4r4a • O0F 0� y0 t0 Q ' 4 t 1016 11$ ali o tie)0 . - 1.o . Hinton Ln P.A. • ''s ,\.,� • y a27 l o`/i � ro to � olio � 7 /// ,�,i / /